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Gujarat High Court
Judgename :D.H.Waghela
NAVINCHANDRA KANCHANLAL SHAH - Appellant
Versus
STATE OF GUJARAT - Respondent
Special Criminal Application 629 Of 1998
Decided On : 04/11/2007
investigation - Criminal Procedure - Indian Penal Code, 1860 - sections 467, 468, 406, 420, 471, 114 - The court discussed the provisions of the Indian Penal Code, 1860, particularly sections 467, 468, 406, 420, 471, and 114, and their application in the context of the investigation and filing of chargesheet. The court emphasized that filing of chargesheet is not a part of investigation and held that there was no violation of the interim order of the court.
Fact of the Case:
The petitioners sought to quash the chargesheet filed against them and stay further proceedings in connection with the offence registered at Mahidharpura Police Station.
Finding of the Court:
The court found that there was no case to quash the chargesheet or set aside the action of filing the chargesheet. The main petitions and miscellaneous applications were dismissed, and costs were imposed on the petitioners.
Issues: The issues revolved around the quashing of the chargesheet, further investigation by an independent agency, and the delay in the proceedings before the trial court.
Ratio Decidendi: The court emphasized that filing of chargesheet is not a part of investigation and held that there was no violation of the interim order of the court. It also noted that there was no genuine interest or particular relief pursued in the original petitions, leading to an abuse of the process of court.
Final Decision: The main petitions and miscellaneous applications were dismissed, and costs were imposed on the petitioners.
( 1 ) THE petitioners herein are accused persons in the offences registered in mahidharpura Police Station, Surat vide criminal Complaint No. 132 of 1998 and the prayers made in the main petitions under article 226 of the Constitution are as under:
"16. The petitioners, therefore, pray- (A) Your Lordships be pleased to call for the investigation papers of the offence registered as C. R. No. I-132 of 1998 registered with Mahidharpura Police Station and after perusing the same be pleased to hand over or transfer further investigation of the said offence to an independent agency for fair and impartial investigation in view of the fact that crores of rupees of public at large is involved;
(B) Your Lordships be pleased to hand over or transfer further investigation of the offence registered as C. R. No. I-132 of 1998 with Mahidharpura Police Station to an independent agency for fair and impartial investigation in view of the fact that crores of rupees of public at large is involved, pending the admission and final disposal of this application;
(C) Your Lordships be pleased to grant such other and further relief (s) as may be deemed fit in the interest of justice. "
( 2 ) AFTER Notice being issued in July 1998, hearing of the main petitions was adjourned from time to time till they were admitted on 27. 11. 2000 with the order as under:
"rule. If the investigation is not completed so far, the respondent No. 1 is restrained from making further investigation. Office is directed to place the matter for hearing in due course. "
( 3 ) BEFORE that, on 22. 10. 1999, the following order was made:
"petitioner is permitted to join C. B.. , gandhinagar as respondent No. 7. Notice to newly added respondent No. 7-CBI, gandhinagar, returnable on 26. 10. 1999. D. S. Permitted. "
3. 1 No Notice appears to have either been issued or served, but Misc. Cr. Applications Nos. 9848 and 9849 of 2001 were filed on 20. 12. 2001 in the main petitions without joining CBI as party-respondent no. 7. Therefore, it appears that the petitioners had unnecessarily applied for joining CBI as party-respondent and never cared to serve them but hearing was adjourned in the year 1999 on that basis. Thereafter also, hearing has been adjourned from time to time in the main petitions as well as the miscellaneous applications wherein the following prayers are made:
"11. The applicant, therefore, prays that: (A) Your Lordships be pleased to quash and set aside the action of the respondents of filing the chargesheet against the present applicant in connection with the offence registered as C. R. No. I-132/98 with mahidharpura Police Station, in the interest of justice;
(B) Your Lordships be pleased to stay the further proceeding in connection with the offence registered at C. R. No. I-132/98 with mahidharpura Police Station, pending admission, hearing and final dispocal of this petition;
(C) Your Lordships be pleased to take appropriate action against the investigating officer for violating the order dtd. 27. 11. 2000 passed by the Hon ble High Court in Special criminal Application No. 629/98, in the interest of justice;
(D) Your Lordships be pleased to grant such other and further relief (s) as may be deemed fit in the interest of justice.
(E) Your Lordships be pleased to dispense with the filing of affidavit as the facts are taken from record. "
3. 2 By virtue of grant of interim relief in terms of para 11 (B) on 24. 12. 2001, further proceedings even after filing of regular chargesheet have been stayed in the trial court.
( 4 ) ARGUING the miscellaneous applications first, learned counsel Mr. Premal rachh, appearing for M/s. Thakkar Associates for petitioners, submitted that the chargesheet was filed in the trial court on 16. 4. 2001 despite injunction dated 27. 11. 2000 and hence it was liable to be quashed only on that ground. He submitted that the investigating agency could not and ought not to have filed the chargesheet after completing investigation in view of
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