VIJAY SHEKHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a writ petition filed inter alia seeking a writ of mandamus calling upon the respondents to immediately seize the records pertaining to Criminal Case No. 118 of 2004 titled Suresh Kumar Jethalal Sanghvi v. Rajendra Kumar Jain, pending in the Court of Metropolitan Magistrate, Court No. 10, Meghani Nagar, Ahmedabad, on the ground that the proceedings in the said case were an example of the extent to which the criminal justice system in subordinate Courts in Gujarat is corrupt.

(2.) This writ petition raises important issues of legal and public importance; one amongst them being the validity of the complaint filed in the Court of Metropolitan Magistrate, Court No. 10, Ahmedabad in a complaint filed by the said Suresh Kumar Jethalal Sanghvi under Secs. 406, 420, 504, 506(1) and 114 I.P.C. against 4 persons named therein and consequential bailable warrants issued against the said persons by the said Court.

(3.) Many of the issues involved in the writ petition require further consideration, hence it is agreed by all the parties to this petition that those issues can be separately dealt with. The parties are also at ad idem on the issue of the validity of the complaint being decided at this stage itself. Hence, in this order of ours, we will consider and decide the validity of the complaint referred to hereinabove.