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2015 Supreme(Guj) 10

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. PARDIWALA, J.
BHARAT VALJI HANGAMA & 2 – Applicants
Versus
STATE OF GUJARAT & 2 – Respondents
SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 5241 of 2014
Decided on: 12/2/2015

Advocates:
Advocate Appeared:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1-3
MR AN SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1

Headnote:

Criminal Procedure Code, 1973 –Section 107 – Constitution of India, 1950 – Article 226 –Bond Security – Exercise of –Complaint lodged by few individuals of village against other permanent residents of village, police registered chapter case and produced other residents before Executive Magistrate – After being produced by Police applicants offered to furnish necessary bonds for maintenance of peace – Neither order was read over, nor substance was explained, nor was copy of order delivered to applicants intimating them substance of opinion received by Magistrate – Held, Executive Magistrates functioning in the State of Gujarat on guard that in future, if any such case is reported like the one on hand, then the Court will take a very strict view of the matter. I would also like to clarify that I am not going into any other aspects of the matter, more particularly the other reliefs prayed for in this petition. If any proceedings are pending as on today before the Authority, the same be concluded at the earliest in accordance with law.

JUDGMENT

J.B. PARDIWALA, J.

1. By this writ application under Article-226 of the Constitution of India, the petitioners had prayed for the following prayer:–

“(A) Be pleased to admit and allow this petition;

(B) Be pleased to allow this petition by issuing an appropriate writ, order or direction holding that the powers exercised by the respondent No.2 Mamlatdar in respect of Chapter Case Nos.309, 310 and 311 of 2014 with respect to the petitioners is unjust, improper, unfair and in breach of principles of natural justice and suitable order and/or directions be made in this regard against the respondent No.2 in the interest of justice in the facts and circumstances of the case;

(C) Be pleased to allow this petition by issuing necessary order which pertains to proceedings of Chapter Case Nos.309, 310 and 311 of 2014 and be pleased to call for the record of the same and after perusing the same, be pleased to order that the proceedings tried by the respondent No.2 are in breach of the provisions of the Code of Criminal Procedure and also acted bias of not accepting the bail bonds of the petitioners and the same amounts to an act of arbitrariness, unreasonableness and also in breach of the principles of natural justice;

(D) Be pleased to allow this petition by issuing an appropriate writ, order or suitable direction against the respondent No.2 so as to compensate the petitioners as liberty of the petitioners is taken away and the way in which proceedings are tried, suitable order appropriately compensating the petitioners be also made in the facts and circumstances of the case;

(E) Be pleased to allow this petition by issuing an appropriate writ, order or directions directing the office of the respondent No.2 to forthwith supply the record pertains to the Chapter Case Nos.309, 310 and 311 of 2014 in a sealed cover and the same be sealed in presence of an independent Officer and the record pertaining to the application made by the person by which Chapter Cases have been registered;

(F) Be pleased to allow this petition by issuing an appropriate writ, order or directions and strict view may be taken against the respondent No.2 as the way in which the proceedings are tried by the respondent No.2 and the liberty of the petitioners is taken away and the proceedings tried is absolutely unjust, improper, unfair and in clear violation of the principles of natural justice as their bail bonds are also not acceptable by the respondent No.2;

(G) During the pendency and final disposal of the present petition, be pleased to forthwith accept the bail bond of the petitioners in respect of Chapter Case Nos.309, 310 and 3011 of 2014 and be pleased to direct the respondent No.2 to provide all necessary copies related to the Chapter Cases filed against the petitioners;

(H) During the pendency and final disposal of the present petition, be pleased to suitably order that the record of Chapter Case Nos.309, 310 and 311 of 2014 may be protected and the same may not be tampered with an any manner;

(I) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case.”

2. The facts giving rise to this writ application may be summarized as under:-

2.1 The petitioners are permanent residents of the village Khakhrechi situated at Taluka Maliya Miyana, Dist: Rajkot (Morbi). It appears that they had a dispute with some individuals of the village who, in turn, filed an application before the Police that necessary proceedings be initiated against the applicants under Sec. 107 of the Code of Criminal Procedure, 1973 (for short “the Code”) which are popularly known as the Chapter Proceedings. On receipt of such complaint lodged by few individuals of the village, the proceedings were numbered as Chapter Case Nos. 309, 310 and 3011 of 2014 before the Mamlatdar, Maliya Miyana. It also appears that the Police arrested the three applicants herein and produced them before the Mamladar, Maliya Miyana.

2.2 After being produc

























































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