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2018 Supreme(Guj) 837

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. PARDIWALA, J.
ASTITVA SUSHIL KACHIHAR - Appellant
Vs.
STATE OF GUJARAT - Respondent
Special Criminal Application No. 9672 of 2016
Decided On : 23-08-2018

Advocates Appeared:
Kartik V. Pandya, Adv., Dharmesh Devnani, Adv.

Headnote:

Code of Criminal Procedure, 1973 - Indian Penal Code, 1860 - Section 354 - Violation - It is the case of the petitioner that, the I.O. accepted the bail bonds of the petitioners and the petitioners were made to sit in the Police Station from morning thereafter to the utter shock and surprise of the petitioners - Held, However, if this Honble Court is of the opinion that the deponent has violated any provision of law or the order of Honble Sessions Judge, then deponent herein apologize unconditionally and assures that the same will not be repeated in future - Court may only say that ignorance of law is not an excuse. A police officer is supposed to be a custodian of law and order - A police officer cannot plead ignorance of law - Whenever a citizen does something contrary to the law, the first argument advanced by the State is that ignorance of law is not an excuse - Court fail to understand as to how a police officer can act totally contrary to the statutory provisions of law - Writ application disposed of. (Para 15, 16)

JUDGMENT/ORDER :

J.B. Pardiwala, J.

By this writ application under Article226 of the Constitution of India, the writ applicants have prayed for the following reliefs :

6(A) Be pleased to issue a writ, order or direction in the nature of mandamus or any other appropriate writ in the nature of commanding to the State Government i.e. Respondent No.1 to appoint an enquiry into the matter of the illegal arrest and illegal detention of the petitioners by the Respondent No.2, 3 and 4 and other responsible Police Officers in complete violation of the provisions of the law under the code and submit its report before this Hon'ble Court in stipulated time as directed by this Hon'ble Court;

(B) Be pleased to issue a writ, order or direction in the nature of mandamus commanding the respondents to initiate the departmental and disciplinary proceeding against the Respondent No.2, 3 & 4 and other responsible police personnel of Section 21 Police Station, District Gandhinagar who are responsible for the illegal arrest and illegal detention of the petitioners;

(C) Be pleased to issue a writ, order or direction in the nature of mandamus commanding the Respondents to pay adequate compensation as Hon'ble Court thinks fit;

(D) Be pleased to issue a writ, order or direction in the nature of mandamus directing the Respondent No.1 - State of Gujarat to transfer and entrust the investigation of the case of the petitioner being IC.R. No.178 of 2016 registered with Section 21 Police Station, District: Gandhinagar to State C.I.D. Crime or any other superior officer in rank;

(E) Pending admission, hearing and final disposal of this petition, be pleased to direct the Respondent No.4 to make an inquiry in pursuant to the application dated 03.12.16 filed before him by petitioner no.2 into the matter of the illegal arrest and illegal detention of the petitioner no.1 by the Respondent No.2 and other responsible Police Officers in complete violation of the provisions of the law under the code and submit its report before this Hon'ble Court in stipulated time as directed by this Hon'ble Court;

(F) Be pleased to direct the Respondent No.1 to issue instructions/ directions by way of a notification within a specified period to all concerned to follow the mandate of the Code of Criminal Procedure, 1973 with regard to the Chapter Case under the Code;

(G) To pass any other and further orders as may be deem fit and proper.

(H) Be pleased to direct the First Respondent to suspend the Respondent No.2 and Respondent No.4, pending hearing, admission and final disposal of this petition.

(I) Be pleased to quash and set aside the proceedings being Chapter Case No.335/2016 initiated at the instance of second respondent as void ab initio.

2. The case of the writ applicants in their own words as pleaded in the writ application is as under:

2.1 That an FIR bearing C.R. No.I178 of 2016 was registered with Sector 21 Police Station, Gandhinagar for the alleged offence punishable U/s. 354 and 114 of I.P.C against the petitioners.

2.2 That the petitioners were granted anticipatory bail by the Ld. Sessions Court to the Petitioner No.1 in Criminal Misc. Application No.1034/2016 vides its order dated 28.11.2016 and to the petitioner No.2 in Criminal Misc. Application No.1049/2016 vides its order dated 28.11.2016.

2.3 That as per the conditions laid down in the orders passed by the Ld. Sessions Court granting anticipatory bail, the petitioners approached the I.O. of concerned Police Station on 03/12/2016 between 11:00 a.m. to 2:00 p.m. to furnish personal bonds and surety of like amount to the I.O. It is pertinent to mention that the Petitioners approached the concerned Police Station on 03.12.2016 and made an application to accept our bail bonds as per the conditions laid down in the order of anticipatory bail between 11:00 a.m. to 2:00 p.m.

2.4 It is the case of the petitioner that, the I.O. accepted the bail bonds of the petitioners on 03.12.2016 and the petitioners were made to sit in the Police Stati
















































































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