Gujarat High Court
Anilkumar Muljibhai Andipara vs State Of Gujarat & on 12 October, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/5956/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 5956 of 2015
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ANILKUMAR MULJIBHAI ANDIPARA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MS. SHAILI A KAPADIA, ADVOCATE for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 12/10/2015
ORAL ORDER
1. Draft amendment is allowed. The same be carried out forthwith.
2. By this writ-application under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-
"(A) Your Lordships may be pleased to admit and allow this petition;
(B) Your Lordships may be pleased to issue a writ of Mandamus or any other writ, order or direction, to declare the action of respondent No.2- Police Inspector, Gondal City Page 1 of 4 HC-NIC Page 1 of 4 Created On Fri Oct 16 00:55:27 IST 2015 R/SCR.A/5956/2015 ORDER Police Station, Rajkot, to call the petitioner vide communication dated 03.10.2015 being outward No.4719 of 2015 of Gondal City Police Station to appear before the Police Station without registration of any FIR to produce the original document of retirement of Partnership Deed dated 29.03.2005 and original document of reconstitution of partnership deed dated 27.03.2006 and original documents of dissolution of partnership deed dated 01.04.2006 as illegal and to quash and set aside the notice dated 03.10.2015;
(C) Your Lordships may be pleased to issue a writ of Mandamus or any other writ, order or direction restraining the respondent No.2 from registering the FIR with respect to the alleged deed of retirement from partnership and/or reconstitution of Partnership with respect to complaint given by the former partner of the present petitioner Shri Ramnikbhai Dudhabhai Patel.
(D) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondent No.2 not to take any coercive action with respect to communication dated 03.10.2015 being Outward No.4719 of 2015 being issued by respondent No.2 Police Inspector, Gondal City Police Station, Rajkot;
(E) Your Lordships may be pleased to grant such other and further relief/s that may be deemed fit and proper in the interest of justice."
3. It appears from the materials on record that the dispute is between the partners. Prima facie, it appears that the complainant is trying to misuse the Police Machinery to settle the partnership dispute. I am told that the time and again the petitioner is being called at the Police Station. The petitioner had in fact remained present with all necessary documents. A detailed Statement has also been recorded by the Police. It appears that he has been once again summoned to remain present at the Page 2 of 4 HC-NIC Page 2 of 4 Created On Fri Oct 16 00:55:27 IST 2015 R/SCR.A/5956/2015 ORDER Police Station. He has expressed an apprehension that as threatened by the Police an important document may be destroyed.
4. The Police Inspector of the Gondal City Police Station shall see to it that no unnecessary harassment is caused to the petitioner and the Police Inspector is also directed that he shall not touch any of the documents of the firm except for the purpose of inquiry.
5. The petitioner shall appear for one last time before the I.O. and on that day whatever inquiry has to be undertaken, the Police Inspector shall complete the same. He shall not summon the petitioner again. The day he appears no unnecessary harassment shall be caused otherwise strict action shall be taken in that regard.
6. With the above, this petition is disposed of. Direct service is permitted.
(J.B.PARDIWALA, J.)
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R/SCR.A/5956/2015 ORDER
Manoj
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