HARJIVANBHAI KESHAVLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Article 226 and 227 of the Constitution of India, the petitioner has made following prayers in terms of para -5(A) :-

(2.) At the end of arguments of learned advocate Mr.M.C.Bhatt for the petitioner, the Court noticed certain disturbing situation and/or an attempt to interfere with the due course of justice, which can be equated with due administration of justice, inasmuch as the complainant namely Shri A.S.Raghupathy, Additional Registrar (Legal, Law and Inquiry) who is not an ordinary person and holding ordinary post but holding high rank position in the registry of Gujarat High Court got register FIR being C.R.No.I-17 of 2019 for the offences under section 420 , 466 , 34 , 120B and 114 of IPC against the six named accused persons in contravention of the order of the Co-ordinate Bench.

(3.) On the face of averments / allegations made in the complaint registered in pursuance of the order dated 31.01.2019 passed in Special Criminal Application No.2610 of 2018, the complainant took undue advantage of the observations made by the Co-ordinate Bench, which amounts to interference with the order passed by the Court and imparting justice. The tenor of the complaint is nothing but would create prejudicial atmosphere of administration of justice inasmuch as accused no.3 to 6 viz. Shri Gabaji Gelaji Thakore, Shri Mahendrabhai M.Patel, Shri Navin Mangaldas Patel and Shri V.J.Vinodia are arraigned as accused persons without any whisper and/or observations made by the Co- ordinate Bench as to their involvement with specific role or remotely suggested to be party to the criminal conspiracy. The complainant not only shown accused no.3 to 6 as parties to the criminal conspiracy but made allegation to the effect that they tampered with the Court record, which was not at all observation of the Court. The Co-ordinate Bench directed to register the FIR on account of creation of two Rojkam in one suit.