Gujarat High Court
Saleem Abdulrahman Eracham Veetil vs State Of Gujarat & on 2 September, 2016
Author: Sonia Gokani
Bench: Sonia Gokani
R/CR.MA/13093/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 13093 of 2016
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SALEEM ABDULRAHMAN ERACHAM VEETIL....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR PRATIK Y JASANI, ADVOCATE for the Applicant(s) No. 1
MR R J GOSWAMI, ADVOCATE for the Respondent(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
MR JAL SOLI UNWALA, ADVOCATE as Amicus Curie
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 02/09/2016
ORAL ORDER
1. This Court, on 09.06.2016, noticing the fact that the complainant - respondent No.2 had moved the competent Court at Thailand for the dispute which has been raised in the Criminal Complaint and the Supreme Court of Thailand also had given verdict on 05.06.2015 considering the facts in the FIR registered with Navrangpura Police Station being I-C.R.No.3 of 2016, had granted interim relief in terms of Para:8(B) and thereby stayed further proceedings arising from I.C.R.No.3 of 2016 till the final disposal of this petition.
2. Admittedly, this order had reached the Investigating Agency on 18.06.2016 and the charge sheet came to be filed on 20.07.2016, without the Court's permission.
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R/CR.MA/13093/2016 ORDER
3. In such view of the matter, this Court had requested learned advocate Mr.Jal Unwala to act as amicus curie and he has accepted such a request on complainant's side as well as on the part of the petitioner learned advocate Mr.R.J.Goswami and learned advocate Mr.Pratik Jasani have also made their submissions.
4. Learned APP appears for the State has urged that, it was only on account of inadvertence that the charge sheet came to be filed and the Investigating Officer having long career of 33 years, at no stage has defaulted nor any departmental proceeding or otherwise is being faced.
4. Mr.Unwala, learned advocate appears as amicus curie has pointed out to this Court the provision Sections 14 and 15 of the Court of Contempt Act, 1971.
4.1 Section 14 of the Act contemplates procedure where contempt is in the face of the Supreme Court or a High Court and Section 15 of the Act contemplates cognizance of criminal contempt in other cases, which would require that the contempt is in the face of High Court.
4.2 He has also further urged that, due opportunity should be made available to the person concerned before this Court initiates any procedure for contempt.
4.3 Mr.Unwala, learned Amicus Curie referring the rules of the Contempt of Courts (Gujarat High Court) Rules, 1984 submitted that, it is permitted to be initiated on a motion of the High Court in respect of a contempt committed upon its Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu Sep 14 23:29:49 IST 2017 R/CR.MA/13093/2016 ORDER own view under Section 14 of the Act or on a motion founded on a petition presented by the Advocate General or on a reference made to the High Court by the Subordinate Courts under Section 15(2) of the Act.
5. Learned advocate Mr.Goswami appears and as an officer of the Court urges that, despite the specific direction issued, if charge sheet is filed it requires tobe dealt with sternly. He has also however adopted submission made by learned Amicus Curie.
6. Before this Court decides whether this would require any consideration for initiating any proceeding, it is necessary for the Court to issue a Notice and seek response of the concerned officer.
7. Accordingly, let the Notice be issued for the officer concerned to reply within a fortnight of receipt of notice, returnable on 30.01.2017. Mr.Raval, learned Additional Public Prosecutor waives service of notice on behalf of respondent State.
Direct service is permitted.
(MS SONIA GOKANI, J.) Amit Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Sep 14 23:29:49 IST 2017