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SCR.A/379/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 379 of 2010
=========================================================
CHAVDA
RAMILABEN PURSHOTTAMBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 11 - Respondent(s)
=========================================================
Appearance :
MR
SIDDHARTH H DAVE for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) : 1,
RULE
SERVED for Respondent(s) : 2,
RULE UNSERVED for Respondent(s) :
3,
DELETED for Respondent(s) : 4 -
12.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 04/05/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
Pursuant
to the earlier order passed by this Court, the learned APP has
placed on record the report of the Circle Police Inspector, wherein
it is also stated that baseless allegations are made against the
police officer since he wanted to take action for tracing the corpus
pursuant to the order passed by this Court and such allegations are
made by Kanubhai Trikambhai Makwana in the application made to the
District Superintendent of Police on the basis of which the
explanation of the Circle Police Inspector is called for.
When
the order is passed by this Court, it is the duty of the Police
Officer to take immediate steps for implementation of the order of
this Court. It may also be recorded that such apprehension was
voiced by the Circle Police Inspector, when this Court considered
the matter on 01.04.2010 and after hearing, the following order was
passed:
Pursuant
to the earlier order passed by this Court, the learned APP Mr.Dabhi
places on record the report of the Circle Police Inspector and it
has been stated that the attempts are made but uptil now, the corpus
could not be traced and produced before the Court. The Circle
Police Inspector Shri AM Sarang is also present. It has been stated
by the learned APP that the Police Officer has shown the
apprehension that if they take strict action for interrogation, they
may have threat for registering of offence under the Schedule Caste
& Schedule Tribes (Prevention of Atrocities)Act, 1989, since all
the persons viz. applicant as well as the private respondents are
belonging to a particular caste and community, which is SC/ST.
In
our view, the concerned police officer would be required to take
steps in accordance with law by taking all measures which may be
required to be taken for tracing the corpus and producing before
this Court. Such threat should not deter the police officer from
taking any action as per the order of this Court.
Hence,
S.O. to 19.04.2010. In the meantime, prompt and immediate action
shall be taken to trace the corpus and produce before this Court on
the next date.
As
per the aforesaid order, it was specifically observed by the Court
that such threat would not deter the Police Officer from taking any
action as per the order passed by this Court. In spite of the same,
unfortunately, the action was taken, but appears that the
apprehension voiced by the Police Officer is realised by the
complaint by Kanubhai Trikambhai Makwana. As such, this could be
prima facie said as interference with the course of justice.
However, before further order is passed, it would be required to
hear Kanubhai Trikambhai Makwana and at the same time, it also
appears that departmental proceedings, if any taken based on the
alleged application made by Kanubhai Trikambhai Makwana, deserves to
be stayed since the same has arisen out of the implementation of the
order of this Court, more particularly when the matter is at large
pending, corpus is yet to be traced and uptil now, neither traced
nor produced before this Court. Hence, Kanubhai Trikambhai Makwana
is ordered to be impleaded as party.
Notice
to the newly added party returnable on 12.05.2010 to explain
as to why action should not be taken for interference with the
course of justice by him. He shall remain personally present before
this Court. The said order shall be served through the concerned
police station.
Until
further orders, the proceedings pursuant to the application made by
Kanubhai Trikambhai Makwana as well as the explanation called for by
Dy. Superintendent of Police vide notice dated 23.04.2010 shall
remain and suspended. S.O. to 12.05.2010 for further orders.
(JAYANT
PATEL, J.)
(Z.K.SAIYED,
J.)
*bjoy
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