Gujarat High Court
Ujwala Prakash Sahare vs State Of Gujarat on 21 January, 2021
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
R/CR.MA/77/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 77 of 2021
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UJWALA PRAKASH SAHARE
Versus
STATE OF GUJARAT
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Appearance:
FOUZAN N SONIWALA(8442) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MOXA THAKKAR ADDITIONAL PUBLIC PROSECUTOR(2) for
the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 21/01/2021
ORAL ORDER
Heard learned Advocate Shri Fouzan N. Soniwala for the applicant and learned APP Ms. Moxa Thakkar for respondent no.1- State.
By way of the present application, the applicant prays for quashing of Criminal Complaint being FIR No. 111920110767 of 2020 registered on 28.08.2020 with Bopal Police Station, Ahmedabad ( Rulral ) for the offences punishable under Sections 420, 384, 389 and 506(2) of the Indian Penal Code.
Learned Advocate Shri Soniwala for the applicant submits that perusal of the complaint clearly reveals that all the alleged incident mentioned in the complaint had taken place outside the jurisdiction of Page 1 of 4 Downloaded on : Sat Jan 23 04:01:11 IST 2021 R/CR.MA/77/2021 ORDER Bopal Police Station and also outside the territorial jurisdiction of Gujarat State. He further submits that as far as the merits of the complaint are concerned, it is clear case of the complainant trying to derive advantage by filing a complaint in his home State whereas after filing of the complaint, the present applicant has also filed Criminal Complaint against the complainant herein on 10.11.2020 at Rajinder Nagar Police Station, Delhi for the offences punishable under Sections 328, 376 and 354 of the Indian Penal Code. Learned Advocate further submits that in the complaint registered at Delhi, she has specially averred that the complainant herein had met the applicant herein in the month of September 2020 and October 2020 at Gaziabad as well as at Delhi i.e even after filing of the present complaint. Under such circumstances learned Advocate submits that prima facie the complaint is without jurisdiction and hence the complaint deserves to be quashed and in the interregnum the applicant deserves to be protected by this Court.
On the other hand learned APP Ms. Moxa Thakkar for respondent no.1- State has submitted the report dated 19.01.2021 by the Police Sub Inspector, Bopal Police Station with regard to progress of investigation and the same may be taken on record. She further submits that as far as the jurisdiction to investigate with regard to the said complaint is concerned, there are averments more particularly with regard to offence punishable Page 2 of 4 Downloaded on : Sat Jan 23 04:01:11 IST 2021 R/CR.MA/77/2021 ORDER under Section 506 (2) of the Indian Penal Code inasmuch as the complainant was making threatening phone calls to the complainant as well as his family members which was received by the complainant and his family members within the jurisdiction of Bopal and hence prima facie the complaint is maintainable. She further submits that even as regards the complaint filed by the present applicant at Delhi the same is post filing of the impugned complaint. Under such circumstances, she submits that no interference may be made by this Court insofar as the impugned complaint is concerned.
Having heard learned Advocates for the parties it appears prima facie to this Court is that there is dispute with regard to jurisdiction as to whether the present complaint in its present form could be maintainable. Certain threatening phone calls are stated to have been received by the complainant and his family members at their residences which is within the jurisdiction of Bopal Police Station. On the other hand when the learned Advocate for the applicant points out that there are averments in the cross complaint filed at Delhi that the parties had met each other even after filing of the complaint. Thus the matter requires consideration.
Issue Notice returnable on 09.03.2021. Learned APP waives service of notice on behalf of respondent no.1- State.
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R/CR.MA/77/2021 ORDER Looking to the nature of the complaint the applicant herein deserves to be protected by this Court on condition that she will co-operate with the investigation. Hence let investigation be continued but there shall not be any coercive steps against the applicant herein till the next date of hearing on the condition that the applicant will co-operate with the investigation and as and when the Investigating Officer requires, she would appear before the Investigating Officer. In case the applicant herein does not co-operate with the Investigating Officer, it would be open for the learned APP to file appropriate application to bring the same to the notice of this Court.
(NIKHIL S. KARIEL,J) niru Page 4 of 4 Downloaded on : Sat Jan 23 04:01:11 IST 2021