NAVINCHANDRA CHOTABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant herein is seeking contempt under Section 2(c) of the Contempt of Courts Act, 1972 in respect of the alleged willful disobedience of the order dated 05.11.2020 passed by this Court in Special Criminal Application No. 7011 of 2020 seeking direction to register the First Information Report.

(2.) The applicant holds undivided share in ancestral property being Survey No. 2131, 2132, 2623, 2774, 2776 and City Survey No. 916, Final Plot No. 129 of T.P. Scheme No. 1 in Anand. There are about 150 coparceners in the said land. The applicant and his family members had reposed trust and confidence on his relatives Vinodkumar Punjabhai Patel, Niranjanaben Punjabhai Patel and Sureshbhai Punjabhai Patel for taking harvest of crops and for taking care of the land. It is the say of the applicant in his application that the accused persons mentioned in the complaint had an intention to defraud and cheat the applicant from the very inception. He further has stated that the accused persons were entrusted with the property and the same has been misappropriated and sought to be converted to their own use and have made endeavours to create and fabricate the false documents with a view to sell off the lands owned by the applicant and other coparceners.

(3.) According to the applicant, a complaint in this regard was given which discloses the cognizable offence. There was no justification in denying the lodgment of FIR from the written complaint given by the applicant on 27.07.2020. It is the grievance on the part of the applicant that no FIR is lodged despite this specific direction of the Court. This is nothing but a willful interference with and obstruction of administration of justice.