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CR.MA/384720/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3847 of 2008
In
CRIMINAL
MISC.APPLICATION No. 15311 of 2007
=========================================================
ALTAF
AMAN BAGAD - Applicant(s)
Versus
FARUK
SHABBIR NOORANI & 1 - Respondent(s)
=========================================================
Appearance :
MR
PM THAKKAR SR ADV with SP MAJMUDAR for
Applicant(s) : 1,MR VIMAL A PUROHIT for Applicant(s) : 1,
MR RR
MARSHALL SR ADV for MR VILAV K BHATIA for Respondent(s) : 1,
MR KT
DAVE APP Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 11/08/2008
ORAL
ORDER
By
way of the present application, the applicant has prayed to vacate
the ad interim relief granted vide order dated 20.12.2007 in Criminal
Misc. Application No.15311 of 2007 on the ground that continuation of
ad interim relief may prevent the applicant from taking action in
accordance with law at Bombay.
Mr.P.M.Thakkar,
learned Senior Advocate, appearing for the applicant submits that as
such the applicant-complainant have no objection if the impugned
order of the learned Magistrate First Class, Surat, is quashed and
set aside by this Court.
Mr.R.R.Marshall,
learned Senior Advocate, appearing for the opponent No.1, submits
that they have filed Special Criminal Application No.1224 of 2008
before this Court challenging the inquiry that may be ordered by
this Court on prima facie satisfaction about sequence of events
leading to the filing of the first and second complaints and orders
passed therein by the learned Magistrate, which is also admitted by
this Court vide order dated 1.7.2008.
Record
and proceedings of Criminal Inquiry Case No.20 of 2007 and Inquiry
Case No.23 of 2007 pending before the learned Magistrate, Surat were
already called for and the same have reached to this Court.
In
view of the above, according to Mr.Marshall, learned Senior Advocate
for the opponent No.1-original petitioner, by way of grant of ad
interim relief or by calling R & P, the complainant is not
prevented from taking any action in accordance with law either at
Bombay or anywhere and there is no need for this Court to give any
direction, at this stage.
It
goes without saying that if remedy under law is available to any
person, such person can avail the remedy with regard to redressal of
grievance in accordance with law. At the same time, the prayer made
in Special Criminal Application No.1224 of 2008 of initiating
suitable inquiry if any upon prima facie satisfaction on perusal of
record and proceedings and the orders passed by the learned
Magistrate, Surat, the same can be decided at the stage of final
hearing of the main Criminal Misc. Application No.15311 of 2007. The
stay granted by this Court on 20.12.2007 in Criminal Misc.
Application No.15311 of 2007 in no way restrict the complainant from
taking any action as he deems it proper in accordance with law.
At
this stage, when R & P of Inquiry Case Nos.20 of 2007 and 23 of
2007 have reached to this Court, prayer of the applicant for vacating
stay cannot be accepted.
Accordingly,
this Criminal Misc. Application stands disposed of.
(ANANT S. DAVE, J.)
*pvv
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