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2018 Supreme(Guj) 1216

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. PARDIWALA, J.
Parimal Hasmukhbhai Trivedi - Appellant
Versus
Pankaj Maganlal Shrimali and Ors - Respondent
R/Special Criminal Application No. 3284 of 2018
Decided On : 26-04-2018

Advocates:
Advocate Appeared:
For the Appellant : Nitin M. Amin

Headnote:

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(x) – Constitution of India – Article 226 – Speedy trial – Once examining of witnesses commences, Court has to continue trial on day-to-day until all witnesses have been examined – Court has to record reasons for deviating from said course "special reasons" are required to be mentioned in order for adjournment and that can alone confer jurisdiction on Court to adjourn the case without examination of witnesses – Duty of court is to see that not only interest of accused as per law is protected but also societal and collective interest is safe-guarded – Writ application disposed of with direction to the District and Sessions Judge to complete trial of Special Atrocity Case latest by 15th May 2018. (Paras 23 to 31)

JUDGMENT :

J.B. PARDIWALA, J.

1. Although the respondent No. 1 - original first informant has been served with the notice issued by this Court, yet has chosen not to remain present before this Court either in person or through an advocate and oppose this writ application.

2. By this writ application under Article 226 of the Constitution of India, the writ applicant - original accused has prayed for the following reliefs:

"6a. To issue a writ of certiorari or any other appropriate direction, writ or order directing the learned 13th Ad hoc District and Sessions Judge of Ahmedabad (Rural) District Mirzapur Ahmedabad to complete the trial of Special Atrocity Case No. 39 of 2012 latest before 15/05/2018;

b. To pass any other order that may be deemed fit in the interest of justice."

3. The case of the writ applicant, in his own words, as pleaded in his writ application, is as under:

"2.1 The petitioner was the Vice Chancellor of Gujarat University in 2006. The term of the petitioner as the Vice Chancellor was over on 26/06/2012.

2.2 on 03/05/2008, on Pankajbhai M. Shrimali herein after referred to as the complainant lodged the FIR against the petitioner with Gujarat University Police Station being C.R. No. 3042 of 2008 for the offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act for short) alleging that the petitioner addressed him by naming his caste and insulted him with intent to intimidate him.

2.3 Offence under Section 3(1)(x) of the Act relates to "intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view". It is alleged by the complainant that on 30/05/2008 the accused who was Vice Chancellor of the Gujarat University, while going from his offence towards the lift to leave for his home, the complainant and his only witness Pradip Prajapati met him in the lobby, at time the accused is alleged to have uttered that, "such work cannot be entrusted to persons belonging to caste like yours". On the basis of such allegation, the complainant had filed his FIR against the petitioner.

2.4 After completion of investigation the police submitted chargesheet against the petitioner on 28/02/2012. The learned Metropolitan Magistrate committed the case to the City Sessions Court Ahmedabad directing the accused to attend the Sessions Court on 03/05/2012.

2.5 The charge against the petitioner was framed on 21/08/2014. It may be mentioned here that the complainant got appointed his own advocate of committal Court through Legal Department of the government a Special Public Prosecutor in the case against the petitioner. The prosecution examined six witnesses from 19/02/15 to 02/09/2015. And in-between these dates the case was simply adjourned to 24/03/15, 01/04/2015, 08/04/2015, 15/04/2015 and 23/04/2015. On all these dates the petitioner remained present before the trial court.

2.6 The petitioner on 30/04/2015 submitted application for speedy trial.

2.7 The petitioner on 28/05/2015 again submitted another application for expeditious trial as witnesses being examined at the interval of one month or some times one and half months.

2.8 The petitioner again on 24/08/2015 submitted an application for speedy trial and to give short dates if asked for by the prosecution. The last such application submitted is dated 15/03/2018. Latest such application for speedy trial was submitted on 19/04/2018. It is stated in the said application that Investigating Officer A.C.P. Shri R.L. Chavda's evidence is very important. He is suffering from oral cancer since before 2016 and it has come on record that he was operated for his cancer. If any unfortunate even occurs with him before his evidence is decided to be recorded then there would be great prejudice to the defence of the petitioner because false deposition is given to his name taking advantage that he is unable to speak.

2.9 The only prosecution witness Mr. Prad






























































































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