SHIVANI MILAP DHANESHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('Code' for short) with the following prayers:

(2.) At the outset, a reference deserves to be made to the order dtd. 4/8/2023 passed by this Court which reads as under:

(3.) When the matter is called out today, learned APP Mr.Jayswal has submitted that the concerned Police Inspector, Mahila Police Station, Rajkot City - Ms. P.B. Sapra, has now retired and therefore, he could not file affidavit of that officer. This Court, has time and again found that in many cases where the Court has ordered not to file charge-sheet without prior permission of this Court, when the matters are taken up for hearing, it is reported that charge-sheets are already filed. This itself shows that no regards are shown by the concerned investigating officer towards the orders passed by this Court which is the highest Court of the State. Such disregard can be considered as contempt of the Court and an apparent attempt to overreach the process of administration of justice. This cannot be permitted. It is also found that in many cases where this Court has passed orders that the investigation can be proceeded during the pendency of the petitions/applications but no coercive action shall be taken against the petitioner/applicant, when the matter comes up for hearing after four-five years, it is found that no investigation is carried out further. This also amounts to creating hindrance in the administration of justice. This can also not be permitted.