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CR.MA/11054/2009 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11054 of 2009
======================================
S
SHRIDHAR, FORMER CHAIRMAN & MANAGING DIRECTOR - Applicant
Versus
STATE
GOVERNMENT OF GUJARAT & 1 - Respondents
======================================
Appearance :
MR
MD RANA for the Applicant.
MR K.P.RAWAL,APP for Respondent(s) :
1,
DS AFF.NOT FILED (N) for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 09/12/2010
ORAL
ORDER
1. The
present Criminal Misc. Application has been preferred by the
applicant – original accused of Inquiry Case No.2/2006 pending
in the Court of learned Chief Metropolitan Magistrate, Ahmedabad to
quash and set aside that part of the direction issued by the learned
Revisional Court passed in Criminal Revision Application No.482/2006,
by which, it is directed to proceed with the Inquiry Case No.2 of
2006 pending in the Court of learned Chief Metropolitan Magistrate,
Ahmedabad.
2. It
appears that a criminal case being Inquiry Case No.2/2006 has been
filed against the applicant – original accused in the court of
learned Chief Metropolitan Magistrate, Ahmedabad. It also appears
that being aggrieved by and dissatisfied with the same and to quash
and set aside the said complaint being Inquiry Case No.2/2006, the
applicant – original accused preferred Criminal
Misc.Application No.8762/2006 before this Court and it is reported
that the said application has been admitted by this Court and
ad-interim relief in terms of Para 19(C) i.e. staying further
proceeding of the aforesaid Inquiry Case No.2/2006 has been granted.
It appears that despite the above, when the aforesaid Inquiry Case
No.2/2006 was taken up by learned Chief Metropolitan Magistrate,
Ahmedabad, original complainant did not remain present before the
concerned Magistrate on the ground that further proceeding of Inquiry
Case No.2/2006 is stayed, he is not required to remain present. It
appears that as the original complainant did not remain present
before the learned Chief Metropolitan Magistrate, Ahmedabad, the
leaned Chief Metropolitan Magistrate, Ahmedabad by order dated
30/11/2006 dismissed the said complaint/ Inquiry case.
3. Being
aggrieved by and dissatisfied with the order passed by learned Chief
Metropolitan Magistrate, Ahmedabad in dismissing the said complaint/
Inquiry Case for default, original complainant preferred Criminal
Revision Application No.482/2006 before learned Sessions Court,
Ahmedabad, which came to be heard by learned Additional Sessions
Judge, Court No.17, Ahmedabad and by order dated 13/04/2009 learned
Additional Sessions Judge, Court No.17, Ahmedabad has been pleased to
allow the said Criminal Revision Application by quashing and setting
aside the order dated 30/11/2006 passed by learned Chief Metropolitan
Magistrate, Ahmedabad in Inquiry Case No.2/2006 in dismissing the
Inquiry Case No.2/2006 for default on the ground that further
proceeding of the Inquiry Case No.2/2006 was stayed by this Court,
the learned Chief Metropolitan Magistrate, Ahmedabad ought not to
have taken up the matter for hearing and ought not to have dismissed
the complaint for default. Thereafter, on quashing and setting aside
the said order, Learned Revisional Court also passed an order that
the aforesaid inquiry case is proceeded further in accordance with
law.
Being
aggrieved by and dissatisfied with the aforesaid order, more
particularly, operative portion of the impugned order, by which
Revisional Court has observed that the said inquiry is to be
proceeded further in accordance with law, the applicant – original
accused has preferred the present Criminal Revision Application under
Section 482 of the Code of Criminal Procedure.
4. Mr.Rana,
learned advocate appearing on behalf of the applicant –
original accused has submitted that when further proceeding of
Inquiry Case No.2/2006 has been stayed by this Court in Criminal
Mics. Application No.8762 of 2006, learned Revisional Court was not
justified in directing the learned Magistrate to proceed further with
the said Inquiry Case No.2/2006. Therefore, it is requested to quash
and set aside the aforesaid order dated 13/04/2009 passed in Criminal
Revision Application No.482/2006.
5. Having
heard Mr.Rana, learned advocate appearing on behalf of the applicant;
Mr.K.P.Rawal, learned Additional Public Prosecutor appearing on
behalf of respondent – State and considering the impugned order
dated 13/04/2009 passed by learned Additional Sessions Judge, Court
No.17, Ahmedabad City in Criminal Revision Application No.482/2006,
it appears to the Court that the Revisional Court has not directed
the learned Chief Metropolitan Magistrate, Ahmedabad to proceed
further with Inquiry Case No.2/2006 despite the stay order passed by
this Court in Criminal Misc.Application No.8762/2006, by which,
further proceeding of Inquiry Case No.2/2006 is stayed. It appears
that operative portion of the impugned order passed by the Revisional
Court is not happily worded. As stated hereinabove, there is no
direction issued by the Revisional Court to proceed further with the
hearing of Inquiry Case No.2/2006 despite the stay order passed by
this Court. The only order passed by Revisional Court after restoring
Inquiry Case No.2/2006 is that inquiry case be proceeded further
according to law. Therefore, submission on behalf of the petitioner
that learned Revisional Court has directed learned Chief Metropolitan
Magistrate Court, Ahmedabad to proceed further with the Inquiry Case
No.2/2006 despite the stay order granted by this Court, is not
correct. Still while disposing of Criminal Revision Application
No.482/2006, it is observed that so long as ad-interim relief passed
by this Court in Criminal Misc.Application No.8762/2006 is in
operation, learned Chief Metropolitan Magistrate is not required to
proceed further with the Inquiry Case No.2/2006 as further proceeding
of Inquiry Case No.2/2006 is already stayed by this Court by granting
ad-interim relief in Criminal Misc.Application No.8762/2006.
With
this, the present Criminal Misc.Application is disposed of. Notice is
discharged. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J]
*dipti
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