KARMANBHAI REVABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice on behalf of respondent State. By consent of both the sides, the matter is taken up for final hearing today.

(2.) The original petitioner - Karmanbhai Revabhai Bharwad had approached this Court under the provisions of Sec. 482 Cr.P.C. with a prayer to take immediate action against the P.S.I., Tarapur Police Station through respondent no.2 - District Superintendent of Police in the form of departmental inquiry for the abuse of process of law and misusing the power and illegally confining/detaining the petitioner and his family members in the police lockup/custody for more than 24 hours; thus with further prayer to consider the said action of P.S.I. Tarapur to be illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India.

(3.) The petitioner challenges the inaction on the part of the respondent nos.2 and 3 for not deciding his application dtd. 23/8/2019 and challenges the action of respondent no.3 - P.S.I. Tarapur Police Station directing and compelling the petitioner to hand over the vacant possession of the land on which the petitioner claims his ownership submitting that Civil Suit No.128 of 2013 was filed before the Principal Civil Judge, Tarapur, District - Anand and also stating that the Regular Civil Appeal is pending before the learned District Court.