Gujarat High Court
Devrajbhai Khodabhai Sakhiya vs State Of Gujarat on 18 July, 2022
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
R/SCR.A/8607/2019 ORDER DATED: 18/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8607 of 2019
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DEVRAJBHAI KHODABHAI SAKHIYA
Versus
STATE OF GUJARAT
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Appearance:
MR BHARAT T RAO(697) for the Applicant(s) No. 1,2,3,4,5,6,7,8,9
for the Respondent(s) No. 3,4,5
MS. MAITHILI MEHTA, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 18/07/2022
ORAL ORDER
1. By way of this petition, the petitioners have prayed for a writ of mandamus or any other appropriate writ, order or direction by directing the respondent Nos.1 to 4 to forthwith close the proceedings initiated pursuant to the complaint dated 26.11.2016 of the respondent No.5 at Aji Dam Police Station and subsequent complaints pursuant to the directions of this Court in the Special Criminal Application No.11650 of 2018.
2. By way of an application dated 26.11.2016, the respondent No.5 herein, claiming to be one of the trustees of the Arsh Vidhya Prasaran Sansthan, made a grievance that in the year 2012, upon death of some of the trustees, the respondent No.5 and one Arunaben Laljibhai Harsoda were also appointed as the trustees. However, subsequently, their names were removed as the trustees, Page 1 of 3 Downloaded on : Tue Jul 19 22:25:14 IST 2022 R/SCR.A/8607/2019 ORDER DATED: 18/07/2022 and on account of the same, some civil and criminal litigations took place. Ultimately, an application dated 26.11.2016 was given by one Arunaben Laljibhai Harsoda for registration of the first information report, for which, a petition was preferred before this Court being Special Criminal Application No.5352 of 2017, which was disposed of vide order dated 24.07.2017. Thereafter, one another petition was filed being Special Criminal Application No.11650 of 2018 which was also disposed of by the Coordinate Bench vide order dated 07.05.2019 with a direction to the police authority to follow the dictum of the Apex Court in the case of Lalita Kumari vs. State of Uttar Prardesh & Ors., reported in (2014) 2 SCC 1.
3. Pursuant to the aforesaid order dated 07.05.2019, the respondent Nos.1 to 4 have investigated into the matter and the statements of the respondent No.5 and Arunaben L. Harsoda were recorded. Both, the respondent No.5 and Arunaben have categorically stated in their statement before the Investigating Officer that the inter se dispute between the petitioners and the respondent No.5 as well as Arunaben L. Harsoda is settled and by giving withdrawal pursis, they have withdrawn the civil litigations and they do not want to proceed further in respect of their application any further.
4. In view of the aforesaid statements recorded by the Investigating Officer on 10.07.2022 given by the respondent No.5 as well as Arunaben Laljibhai Harsoda, it Page 2 of 3 Downloaded on : Tue Jul 19 22:25:14 IST 2022 R/SCR.A/8607/2019 ORDER DATED: 18/07/2022 is submitted by the learned APP Ms. Maithili Mehta, upon instructions, that the police will file the closure report.
5. In view of the aforesaid statement being made by the learned APP, learned advocate Mr. Dakshay Patel for Mr. B.T. Rao, the learned advocate appearing for the petitioners does not press this application and seeks permission to withdraw the same as now the petitioners do not have any grievance.
6. Permission, as prayed for, is granted. This petition is disposed of as not pressed. Notice, if any, stands discharged. No order as to costs.
(NIRZAR S. DESAI,J) Vahid Page 3 of 3 Downloaded on : Tue Jul 19 22:25:14 IST 2022