Document Fragment View

Matching Fragments

66. In the affidavit filed by Mr. Manohar Galani in this proceedings, as observed earlier, he has annexed the documents, namely, the order passed by the High court on 20.12.94 and the copy of the report submitted on various dates by the CID and the copies of the criminal cases filed in different courts against him and his family members. As found, as per the index attached to the affidavit of Shri Galani from pages 46 onwards to 255.
67. At this juncture it is necessary for us to note that Mr. P.C.Pande, CID (Crime), has filed his affidavit in the proceedings filed by Mr. Manohar Galani before the Apex Court being Special Leave Petition (Criminal) Nos. 3623-3628 of 1997. The said affidavit was filed by him pursuant to the order passed by the Apex court on 17.8.98 in respect of highlighting the steps taken to serve notice to Shri Kanubhai Somabhai residing at Thakkar Bapanagar, Ahmedabad, who is respondent No. 1 in SLP (Criminal) No. 3627/97 and the said Kanubhai Somabhai had moved this High Court by filing Special Criminal Application No. 527/95. The learned single Judge of this Court has on considering all the petitions and the applications filed by different accused of C.R.No.1/95 allowed the same and the order passed by the learned single Judge in group of petitions was challenged by Manohar Galani before the Apex Court. In compliance with the direction given by the Apex Court, it is found that the address given by Shri Kanubhai Somabhai in the Special Criminal Application is very vague. According to deponent Shri Pande, the locality, namely Thakkar Bapanagar is a large locality and it is not possible to locate any person and hence service of process of respondent No. 1 could not be effected. Shri Pande has further highlighted about the fact as emerging through the report of CID (Crime), who has conducted the investigation in respect of offences registered vide C.R.No.1/95, that it revealed that complainant Kanubhai Somabhai was a fictitious person. The said petition was filed by Shri Kanubhai Somabhai in the High Court through advocate Shri V.S.Shah and as per the statement of advocate Shri Shah, it reveals that he does not recognize Shri Kanubhai Somabhai as the said case was referred to him by advocate Chandravadan B.Joshi, advocate from Dabhoi and as per the instruction of his briefing advocate, he has filed petition of Kanubhai Somabhai in the High Court. The statement of Chandravadan Joshi, advocate, is also recorded and it is revealed that even advocate Shri Joshi is not knowing Kanubhai Somabhai, but according to him that when he was at Metropolitan Court at Ahmedabad one Shri Bharat Dolatram Sindhi (Bhojwani) had met him in the court and he had introduced one person as Kanubhai Somabhai and requested him to file case in his behalf in 18th Court at Mirzapur, Ahmedabad and again the said Shri Bhojwani had approached him for filing of petition in High Court and thereupon advocate Shri Chandravadan Joshi from Dabhoi, District Vadodara, took Shri Bharat Bhojwani to advocate Shri Shah, Gujarat High Court, for filing petition and at that time Bharat Bhojwani was accompanied by one person, who was introduced as Kanubhai Somabhai. On interrogation at the relevant time Bhojwani denied that he know anybody by name Shri Kanubhai Somabhai and he had also denied that he went to High Court with advocate Shri Joshi for filing Misc. Criminal Application. Shri Bhojwani has also admitted during investigation that he is also one of the respondents in the matter before the Supreme Court.