Gujarat High Court
Smitaben Ajaybhai Gujjar vs State Of Gujarat on 23 October, 2020
Author: A. P. Thaker
Bench: A. P. Thaker
R/SCR.A/5752/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5752 of 2020
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SMITABEN AJAYBHAI GUJJAR
Versus
STATE OF GUJARAT
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Appearance:
MR CB DASTOOR(238) for the Applicant(s) No. 1,2,3,4,5
for the Respondent(s) No. 2,3
MS MOXA THAKKER APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER
Date : 23/10/2020
ORAL ORDER
1. Heard Mr.Dastoor, learned advocate for the petitioners and Ms.Thakker, learned APP for the repondents through video conferencing.
2. At the outset, Ms.Thakker, learned APP for the respondents has submitted that she has not received any instructions from the concerned police authority in view of the order dated 15.10.2020 passed by this Court.
3. Mr.Dastoor, learned advocate for the petitioners has submitted that the present petitioners are the agent of the company and the company has received the amounts from the customers through them. He has submitted that thereafter, on the date of maturity of the amounts, the accused have not paid money to the customers and, therefore, the customers are creating pressure on the present petitioners. He has submitted that one of the petitioners has also taken loan from the Bank Page 1 of 3 Downloaded on : Sat Oct 24 04:41:10 IST 2020 R/SCR.A/5752/2020 ORDER and paid the amounts to the customers. He has submitted that the application filed by Smitaben Ajaybhai Gujjar dated 07.12.2019 and the application filed by Hasmukhbhai Pitarbhai Parmar dated 20.03.2020 have not been paid heed by the police authority and no action has been taken. He has submitted that some direction may be issued to the concerned police authority.
4. Ms.Thakker, learned APP for the respondents, on the other hand, has vehemently opposed passing of such direction against the concerned police authority as the complainants as well as materials placed on record shows that the dispute is civil in nature. She has submitted that the present petition may be rejected.
5. Having considered the submissions of both the sides and materials placed on record, it appears that the petitioners have filed the applications on 07.12.2019 and 20.03.2020, however, no action has been taken by the concerned police authority to them. Therefore, if the police authority is directed to look into applications made by the petitioners in accordance with law and if the cognizable offence is made out during the course of inquiry, then, the necessary action under the law may be initiated. At the same time, if during the course of inquiry, no cognizable offence is made out, the police authority shall inform in writing to the petitioners accordingly so that petitioners may take appropriate recourse in accordance with law.
6. In view of the above, the respondent - police authority is directed to look into application filed by Smitaben Ajaybhai Gujjar dated 07.12.2019 and the application filed by Hasmukhbhai Pitarbhai Parmar dated 20.03.2020 in accordance Page 2 of 3 Downloaded on : Sat Oct 24 04:41:10 IST 2020 R/SCR.A/5752/2020 ORDER with law and if the cognizable offence is made out during the course of inquiry, then, the same be registered as FIR and necessary investigation may be carried out thereof as early as possible. At the same time, if during the course of inquiry, no cognizable offence is made out, then, the police authority shall inform in writing to the petitioners accordingly so that petitioners may take appropriate recourse in accordance with law.
7. It is observed that in case of any difficulty, the petitioners may approach the appropriate forum in accordance with law.
8. With these observations, the present petition stands disposed of accordingly.
9. The concerned police authority be informed accordingly.
(DR. A. P. THAKER, J) VR PANCHAL / SUYASH KUMAR SRIVAST Page 3 of 3 Downloaded on : Sat Oct 24 04:41:10 IST 2020