IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 10978 of 2004
in
CRIMINAL APPEALNo 1416 of 2003
--------------------------------------------------------------
AMJIBHAI KIBALABHAI CHAUDHARY
Versus
THE STATE OF GUJARAT
--------------------------------------------------------------
Appearance:
1. Criminal Misc.Application No. 10978 of 2004
THROUGH JAIL for Petitioner No. 1
MR US BRAHMBHATT for Petitioner No. 1
MR RC KODEKAR, APP for Respondent No. 1
.......... for Respondent No. 2
--------------------------------------------------------------
CORAM : HON'BLE MR.JUSTICE KSHITIJ R.VYAS
and
HON'BLE MR.JUSTICE AKSHAY H.MEHTA
Date of Order: 01/02/2005
ORAL ORDER
(Per : HON’BLE MR.JUSTICE AKSHAY H.MEHTA)
1.Pursuant to the notice issued vide our order
dated 11/1/2005 to the Sarpanch of village Ukhalda Group
Gram Panchayat, Vadsibhai D Chaudhary has remained
present before us. We had issued notice to him in view
of glaring discrepancy that was found by us in the
certificate dated 30/10/2004 and his statement recorded
by the police on 24/12/2004. From the statement of the
Sarpanch, it clearly appears that whatever that was
stated in the certificate issued by him was not true. We
have, therefore, asked him to render his explanation on
this count.
1.1.In response to the same, he has filed his
affidavit today itself explaining in what circumstances
he had issued the certificate and had stated the facts
mentioned therein. It appears to us that on account of
bonafide mistake he has issued that certificate and has
narrated the facts stated therein. We, therefore, do not
propose to take any action against him. However, we have
given him strict warning so as to not to be so negligent
in future. He has assured the Court that henceforth he
will be very careful in issuing such certificate. Since
we do not propose to take any action against him, we
treat this chapter as closed.
2.Since the ground stated by the convict prisoner
in his application is found to be false, we do not
propose to grant this application and hence the same is
rejected. Rule discharged.
[ KSHITIJ R. VYAS, J.]
[ AKSHAY H. MEHTA, J.]
* Pansala.