Gujarat High Court
Patel Nakulbhai Mahendrabhai vs State Of Gujarat on 19 January, 2021
Author: B.N. Karia
Bench: B.N. Karia
R/SCR.A/10259/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 10259 of 2019
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PATEL NAKULBHAI MAHENDRABHAI
Versus
STATE OF GUJARAT
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Appearance:
MR RAKESH R PATEL(3239) for the Applicant(s) No. 1
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
Date : 19/01/2021
ORAL ORDER
Rule returnable forthwith. Learned APP waives service of notice of Rule for and on behalf of the respondentState.
By way of present application, the applicant has prayed for issuing direction upon the learned Additional Civil Judge and Judicial Magistrate First Class, Vijapur, Dist.: Mehsana to expedite the proceedings in respect of "B" Final Report No.1 of 2016 dated 15.07.2016 submitted under 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C." for short) by the Deputy Superintendent of Police, Mehsana.
Heard learned advocate for the applicant as well as learned APP for the respondentState.
It is submitted by learned advocate for the applicant that on Page 1 of 6 Downloaded on : Wed Jan 12 03:09:01 IST 2022 R/SCR.A/10259/2019 ORDER 29.03.2016, FIR being C.R.No.II17 of 2016 came to be registered before Vasai Police Station, Dist.: Mehsana alleging an offence under Sections 323, 506(2) and 114 of the Indian Penal Code and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act" for short). That as per the FIR, the complainant and his brother had taken handloan from accused persons and the loan amount was returned, however, for remaining amount of interest, all the accused came near Dipada Patia and threatened and assaulted the complainant and also abused him with derogatory words of his caste. That during the course of investigation, Deputy Suprintendent of Police submitted a report dated 02.04.2016 to add Section 3(2)(5) of the Atrocities Act as well as Section 40(1) of the Money Lending Act, 2011. That after completion of investigation, Deputy Superintendent of Police, Mehsana was of the opinion that there is no evidence to connect accused persons and it seems the complaint appears to be a false and hence, submitted "B" Summary Final Report under Section 173 of the Cr.P.C. being Final Report No.1 of 2016 to the learned Additional Civil Judge and Judicial Magistrate First Class, Vijapur. Thereafter, no notice was issued by the Police Authority or the Court. That when the Passport Page 2 of 6 Downloaded on : Wed Jan 12 03:09:01 IST 2022 R/SCR.A/10259/2019 ORDER Authority has asked the applicant for clarification, the applicant has applied for the certified copy of the report which has been provided to him on 19.01.2019, wherein it was shown that the final report submitted by Deputy Superintendent of Police, Mehsana appears to have been received by the office of learned Additional Civil Judge and Judicial Magistrate First Class, Vijapur on 20.07.2016 and notice was issued upon the complainant to appear on 24.08.2016. Thereafter, till today, no final order was passed. That the applicant wants to go abroad to settle there and because of the aforesaid pendency of proceedings of "B" Summary, the applicant is facing serious problem from the Passport Authority and hence, pendency of proceedings of "B" Summary be expedited as early as possible so that the applicant can clear the query raised by the Passport Authority. Hence, it was requested by learned advocate for the applicant to pass necessary order so that "B" Final Report No.1 of 2016 dated 15.07.2016 filed by Deputy Superintendent of Police, Mehsana in connection with the impugned FIR may be decided by the Trial Court in accordance with law within a particular period.
Learned APP for the respondentState, while opposing the submissions made by learned advocate for the applicant, submitted that necessary order may be passed in connection with the "B" Page 3 of 6 Downloaded on : Wed Jan 12 03:09:01 IST 2022
R/SCR.A/10259/2019 ORDER Final Report No.1 of 2016 dated 15.07.2016 and the concerned Trial Court has recently issued notice to the original complainant by an order dated 20.07.2016 and next date was fixed on 24.08.2016. That report submitted by the Deputy Superintendent of Police, Mehsana would be decided in accordance with law and no prayer made by present applicant is required to be considered at this juncture. Hence, it was requested by learned APP for the respondentState to dismiss present application.
Having considered the facts and circumstances of present case as well as submissions made by learned advocate for the applicant and learned APP for the respondentState, it appears from the record that this Court was pleased to issue notice to respondent no.2 by an order dated 20.12.2019 and direct service was permitted and the applicant tried to serve the notice, but he could not succeed in serving the notice and he filed affidavit stating that he personally visited on 18.01.2020 at the address of respondent no.2 mentioned in the copy of the notice, however, respondent no.2 was not present and at that time, while inquiring about her, it was conveyed by her brother and sisterinlaw that she is not residing there and stated that they are not aware about the fact that where is she. They also refused to accept the notice and Page 4 of 6 Downloaded on : Wed Jan 12 03:09:01 IST 2022 R/SCR.A/10259/2019 ORDER original copy of the notice with petition memo were submitted by the applicant before the Registry of this Court as per the affidavit dated 29.01.2020. This Court again, on 10.02.2020, was pleased to issue fresh notice against respondent no.2, making it returnable on 31.03.2020 to be served through the concerned Police Station. It also appears that no further progress report is placed on record by the concerned Police Station before this Court for serving notice, however, notice was duly issued to respondent no.2 by the Registry of this Court. Considering the facts of present case, presence of respondent no.2 is not required in the proceedings before this Court and from the documents produced at AnnexureC, it appears that the learned Trial Court was pleased to pass an order to issue notice to the complainant as "B" Final Report was submitted by the Deputy Superintendent of Police, Mehsana. Notice was issued on 24.08.2016, however, as per the submissions of learned advocate for the applicant, no further progress is placed on record in the trial in connection with "B" Final Report No.1 of 2016 dated 15.07.2016. Considering the peculiar facts and circumstances of present case, as "B" Final Report No.1 of 2016 is not decided by the learned Additional Civil Judge and Judicial Magistrate First Class, Vijapur, Dist.: Mehsana, it would be in the interest of justice to pass Page 5 of 6 Downloaded on : Wed Jan 12 03:09:01 IST 2022 R/SCR.A/10259/2019 ORDER necessary order to decide "B" Final Report No.1 of 2016 dated 15.07.2016 filed by the Deputy Superintendent of Police, Mehsana in connection with the FIR being C.R.No.II17 of 2016 registered with Vasai Police Station, Mehsana. Accordingly, learned Additional Civil Judge and Judicial Magistrate First Class, Vijapur, Dist.: Mehsana shall expedite the proceedings of "B" Final Report No.1 of 2016 dated 15.07.2016 filed by the Deputy Superintendent of Police in connection with the FIR being C.R.No.II17 of 2016 registered with Vasai Police Station, Mehsana, within a period of two months from the date of receipt of this order.
In view of the above observations and directions, present application stands disposed of. Rule is made absolute accordingly.
Registry is directed to send a copy of this order to the concerned Court/Authority through fax or email forthwith.
Direct Service is permitted.
(B.N. KARIA, J) rakesh/ Page 6 of 6 Downloaded on : Wed Jan 12 03:09:01 IST 2022