Gujarat High Court
Mark vs Harijan on 5 December, 2011
Author: M.R. Shah
Bench: M.R. Shah
SCR.A/2246/2007 3/ 3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 2246 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH-Sd/- ========================================= 1. Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2. To be referred to the Reporter or not ? NO 3. Whether their Lordships wish to see the fair copy of the judgment ? NO 4. Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? NO 5. Whether it is to be circulated to the civil judge ? NO ========================================= MARK PETTIGREW & 2 - Applicant(s) Versus HARIJAN MAYABHAI VALABHAI & 1 - Respondent(s) ========================================= Appearance : NANAVATI ASSOCIATES for Applicant(s) : 1 - 3. NOTICE SERVED for Respondent(s) : 1, RULE SERVED for Respondent(s) : 1, MR VIRAT G POPAT for Respondent(s) : 1, MR. DABHI, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 2, ========================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 07/02/2012 ORAL JUDGMENT
1.0. Present Special Criminal Application under Article 226 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure has been preferred by the petitioners herein-original accused to quash and set aside the impugned FIR being CR-II-No.47 of 2007 registered with Marine Police Station, Pipavav Port lodged by respondent no.1 herein-original complainant for the offences under Section 3(1)(vi)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
2.0. At the outset, it is required to be noted that while admitting the present Special Criminal Application learned Single Judge granted ad-interim relief / interim relief granting stay of further investigation of the impugned FIR. However, same came to be modified by this Court dated 5.12.2011 permitting Investigating Officer to investigate the FIR.
3.0. Today, when the present Special Criminal Application is taken up for final hearing today, Shri Dabhi, learned APP under the instructions from the concerned Investigating Officer District Superintendent of Police (SCST), Amreli and more particularly considering the report dated 16.1.2012 addressed to him has stated at the bar that after investigation is concluded, the investigating officer has found that no case is made out against the applicants as alleged and an appropriate report shall be submitted before the concerned Magistrate. Shri Popat, learned advocate for the respondent no.1
-original complainant has submitted that as such at this stage the statement of the complainant would be sufficient. It is submitted that in case the Investigating Officer submits any report before the concerned Magistrate in that case, liberty be reserved in favour of the complainant to oppose the same by submitting protest application and learned Magistrate may be directed to consider same in accordance with law and on merits.
4.0. In view of the above, Shri K.S. Nanavati, learned Senior Advocate for the applicants seeks permission to withdraw the present Special Criminal Application. Concerned Investigating Officer is directed to act as stated above and submit an appropriate report before the concerned Magistrate, which shall be considered by the concerned Magistrate. It goes without saying that if the learned learned Magistrate is of the opinion that the said report is to be accepted, in that case, as per the settled proposition of law and procedure, he is required to issue notice upon the complainant to submit an appropriate application/ objection by way of protest application and same is required to be considered by the concerned Magistrate in accordance with law and on merits. Therefore, it is observed that as and when any such notice is issued by the concerned Magistrate, it will be open for the complainant to submit the objection/ protest application against the same, which be considered by the learned Magistrate in accordance with law and on merits. Rule is discharged. Ad-interim relief granted earlier stands vacated forthwith.
(M.R.SHAH, J.) kaushik >kaushik