BACHUBHAI GORDHANBHAI VADHER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IT can be noticed from the record that Regular Civil Appeal No. 44 of 2007 is pending before the District Court, Junagadh. During pendency of the said appeal, the present respondent no. 2 submitted application Exh. 18 wherein the Court below had passed the order to appoint Court Commissioner for preparing the panchanama of the disputed place. Pursuant to the said order, Court Commissioner Kalpeshbhai Mansukhbhai Mehta issued the notice to the concerned parties and on 2. 12. 2007, he went to the disputed place at about 8. 00 a. m. and started to draw the panchanama. It is alleged that present petitioner Bachubhai Gordhanbhai Vadher obstructed the Court Commissioner in preparing the panchanama and asked him to prepare the panchanama as per his instruction. It is also alleged that the present petitioner also started to take photographs as well as carried out the videography and the total atmosphere was under tense. The Court Commissioner apprehended that there would be breach of peace and therefore he stopped his work. The Court Commissioner submitted the report Exh. 25. Thereafter, the petitioner submitted his objections before the learned District Court at Exh. 28.

(2.) AFTER considering the affidavit of the Court Commissioner and record of the case, learned District Judge came to the conclusion that the petitioner has committed an offence punishable under Section 188 of the Indian Penal Code and accordingly learned District Court passed the order below Exh. 28 on 26. 2. 2008 under to lodge the complaint against the petitioner herein. The said order is under challenge in this appeal.

(3.) HEARD learned advocate Mr. Buch for the petitioner, learned APP Ms. Lavkumar for respondent no. 1-State and Mr. Tolia for respondent no. 2.