Gujarat High Court
Ravjibhai Gigabhai Sagathiya vs State Of Gujarat on 7 September, 2020
Author: B.N. Karia
Bench: B.N. Karia
R/CR.MA/17542/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17542 of 2019
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RAVJIBHAI GIGABHAI SAGATHIYA
Versus
STATE OF GUJARAT
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Appearance:
MR.MRUDUL M BAROT(3750) for the Applicant(s) No. 1,2,3,4,5
for the Respondent(s) No. 2
MS. M.H. BHATT, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
Date : 07/09/2020
ORAL ORDER
By way of present application, present applicants have prayed to quash and set aside the FIR bearing IC.R. No.107 of 2019 registered with Amreli Rural Police Station, Amreli for the offence punishable under Sections 114, 186, 188 and 379 of the Indian Penal Code, Section 21 of the Mines and Minerals (Regulation and Development) Act and Sections 3, 5, 10 and 21 of the Gujarat Mineral (Prevention of Illegal Mining and Transportation and Storage ) Rules, 2017.
Heard learned advocate for the applicants.
Learned advocate for the applicants submits that the aforesaid FIR is totally false because the applicants have not Page 1 of 5 Downloaded on : Sat Feb 27 20:47:49 IST 2021 R/CR.MA/17542/2019 ORDER committed such type of offence alleged in the FIR. That the complaint filed by the respondent No.2 is false, frivolous and malicious and the same is not legally sustainable against the applicants. That the applicants were officially purchasing the sand from Gariyadhar with the Pass permit. Though they have not committed the aforesaid offence, they are falsely implicated in the said offence. That the applicant No.5 had already sold his vehicle to his cousin brother, however, his name is falsely added in the aforesaid FIR. That the applicants had never committed any theft from Shetrunji River, even their vehicles were shown in the FIR were empty. Hence, it was requested by leaned advocate for the applicants to allow this application.
However this matter was placed before this Court for admission, looking to the contents of the file and nature of offence committed by the applicants, this Court has deemed it fit to dispose off this petition at the admission stage itself.
Considering the contents of the FIR as well as averments made in the application, it appears that on the basis of various Page 2 of 5 Downloaded on : Sat Feb 27 20:47:49 IST 2021 R/CR.MA/17542/2019 ORDER complaints/ information received by the department about illegal excavation of the sand from the river Shetrunji, on 25.07.2019 at about 9.00 o'clock, department has arranged inspection through drone surveillance and found that by making illegal excavation of the sand, in seven yellow colour dumpers and three tractors trolly through 30 to 35 labourers, illegal transaction of the sand was made and through the video recording the drone surveillance system, such act of the accused persons was recorded. Not only that, other team of the department has arranged checking on the road going from Devaliya village to Shetrunji river wherein they found one yellow colour dumper bearing RTO registration No. GJ13V 7795 and during inquiry, driver of that dumper ran way with such dumper but its videography was made and while making inquiry of that dumper, it was found that the delivery challan of that dumper was issued from the stock registration on the name of Sanjaybhai Parmar at about 7.37 o'clock and thus, it was found that the accused persons have illegally used the delivery challan of Shri Sanjaybhai Parmar. Page 3 of 5 Downloaded on : Sat Feb 27 20:47:49 IST 2021
R/CR.MA/17542/2019 ORDER This Court must hasten to add that the plenitude of the power under Section 482 CrPC by itself, makes it obligatory for the High Court to exercise the same with utmost care and caution. The width and the nature of the power itself demands that its exercise is sparing and only in cases where the High Court is, for reasons to be recorded, of the clear view that continuance of the prosecution would be nothing but an abuse of the process of law. It is neither necessary nor proper for us to enumerate the situations in which the exercise of power under Section 482 may be justified. All that we need to say is that the exercise of power must be for securing the ends of justice and only in cases where refusal to exercise that power may result in the abuse of the process of law.
At this stage, this Court is of the considered view that such a power is not exercised in the peculiar facts of the case as the applicants are alleged to have committed the offence, which is not private in nature but have a serious impact on society. At present, investigation is under progress and therefore, no conclusion is arrived at by the Court that Page 4 of 5 Downloaded on : Sat Feb 27 20:47:49 IST 2021 R/CR.MA/17542/2019 ORDER applicants are not involved in the offence or they have not committed any offence punishable under Sections 114, 186, 188 and 379 of the Indian Penal Code, Section 21 of the Mines and Minerals (Regulation and Development) Act and Sections 3, 5, 10 and 21 of the Gujarat Mineral (Prevention of Illegal Mining and Transportation and Storage) Rules, 2017. Similarly such powers is not to be exercised for the ofence under the Act wherein the applicants are involved. Hence, at this juncture, present application requires to be dismissed.
Accordingly, present application stands dismissed. Rule stands discharged.
(B.N. KARIA, J) NVMEWADA Page 5 of 5 Downloaded on : Sat Feb 27 20:47:49 IST 2021