LAWS(GJH)-2023-7-699

ABHISHEK KUMAR MISHRA Vs. RAVIRAJSINH G. JADEJA

Decided On July 03, 2023
ABHISHEK KUMAR MISHRA Appellant
V/S
Ravirajsinh G. Jadeja Respondents

JUDGEMENT

(1.) The present application has been filed seeking action under Sec. 12 of the Contempt of Courts Act, 1971 and sentence against the respondent nos.1 and 3 for six months of imprisonment for willfully violating the directions of Supreme Court of India in the case of Lalita Kumari vs Govt. of U.P.& Ors ., AIR 2014 SC 187.

(2.) It is the case of the petitioner that he had made a complaint to the respondent no.1-Police Inspector, Sayajiganj Police Station, Vadodara for registering a complaint under Ss. 34, 120B, 200, 383, 386, 405, 419 , 420 and 468 of the Indian Penal Code, 1860 on 3/6/2022. The petitioner also made a complaint to the Commissioner of Police, Vadodara, ACP 'A' Division on 3/6/2022 and also visited his office. However, no FIR has been registered. It is alleged by the petitioner that the respondent nos.1 and 3 have verified the genuinity of the documents, however, they have pressurized to withdraw some paragraphs from his complaint. It is submitted that on 20/6/2022 the petitioner was advised by the Commissioner of Police to meet Additional Commissioner of Police to hear him around 7:30 p.m. and assured that solution will be given in one hour. It is alleged by the petitioner that at around 7:52 p.m. the respondent no.1 called the petitioner from his mobile and transferred the case to JP Road Police Station, to which the petitioner objected and thereafter, the respondent no.1 abruptly disconnected the phone. It is alleged that at 9:41 p.m. the Police Sub-Inspector, Mr.A.D.Khant, from Sayajiganj Police Station sent a closure report over WhatsApp.

(3.) Learned advocate Mr.Mishra appearing for the petitioner has submitted that there are clear violations of the guidelines issued by the Apex Court in the case of Lalita Kumari (supra) and since the petitioner is remedyless, he has filed the present application for initiation of contempt proceedings against the respondents.