2020 Supreme(Guj) 571

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI, J.
Satish Pravinbhai Vansola – Appellant
Versus
State of Gujarat – Respondent
Special Criminal Application No. 2414 of 2020
Decided On : 06-07-2020

Point of Law:
It is well settled that the inherent powers under section 482 Cr.P.C. though wide have to be exercised sparingly, carefully and with great caution and only when such exercise is justified by the tests specifically laid down in the section itself. The authority of the Court exists for the advancement of justice. If any abuse of the process leading to injustice is brought to the notice of the Court, then the Court would be justified in preventing injustice by invoking inherent powers in absence of specific provisions in the Statute.

Headnote:

Code of Criminal Procedure, 1973 - Section 482 – Prevention of Damage to Public Properties Act, 1984 - Quash of Criminal proceedings -This petition has been preferred under section 482 of the Code of Criminal Procedure, 1973 seeking to quash and set aside the indictment of the offence under section 395 of IPC in the first information report b for the offences under sections 143, 147, 149, 308, 152, 153, 120B, 336, 353, 427, 506(2), 341 and 395 of IPC and section 3 of the Prevention of Damage to Public Properties Act, 1984 – Held, during the course of committing theft of the keys of the State Transport Bus, the petitioner had placed the driver of the said Bus under the fear of instant death. In that process, the petitioner had also restrained the driver of the said Bus from proceeding to its destination. Where there are more than five persons who had conjointly attempted to commit robbery, the offence would be termed as “dacoity.” Here, as per the charge-sheet, about 3000 persons had gathered at the place. Even in the earlier order passed in Special Criminal Application No. 10966 of 2019 dated 15.01.2020, while dismissing the submission made on behalf of the original accused that their presence at the scene of offence at around 10:00 am is unbelievable as they had been detained at 08:45 pm, the coordinate Bench has observed that due to the insistence of the mob that had gathered at the meeting place, the original accused (petitioners therein) were released and were brought at the scene of offence since the mob had started to damage public property and were pelting stones at passenger buses. Such facts are also reflected in the impugned complaint –Petition dismissed.

Facts of the Case:

A meeting was proposed to be organized in Chappi on 19.12.2019 to commemorate the death anniversary of freedom fighters-Ashfaqullah Khan and Ram Prasad Bismil. It appears that along with the commemoration meeting, a protest meeting against the Citizenship Amendment Act, 2019 was also scheduled. In that connection, the petitioner, along with original accused no. 1, had made an application dated 17.12.2019 to the authority concerned seeking permission for organizing such meeting. On the basis of the recommendation given by Chhapi Police Station, the authority concerned accorded permission to hold the meeting on 19.12.2019, vide communication dated 18.12.2019. However, on the same day, i.e. on 18.12.2019, the Police Sub-Inspector, Chhapi Police Station, addressed a letter to the authority concerned requesting to cancel the permission granted to hold such meeting. On such application, the authority concerned passed the order dated 18.12.2019 by which the permission granted to the petitioner to hold the meeting on 19.12.2019 came to be cancelled.

Finding of the Court:

During the course of committing theft of the keys of the State Transport Bus, the petitioner had placed the driver of the said Bus under the fear of instant death. In that process, the petitioner had also restrained the driver of the said Bus from proceeding to its destination. Where there are more than five persons who had conjointly attempted to commit robbery, the offence would be termed as “dacoity.” Here, as per the charge-sheet, about 3000 persons had gathered at the place. Even in the earlier order passed in Special Criminal Application No. 10966 of 2019 dated 15.01.2020, while dismissing the submission made on behalf of the original accused that their presence at the scene of offence at around 10:00 am is unbelievable as they had been detained at 08:45 pm, the coordinate Bench has observed that due to the insistence of the mob that had gathered at the meeting place, the original accused (petitioners therein) were released and were brought at the scene of offence since the mob had started to damage public property and were pelting stones at passenger buses. Such facts are also reflected in the impugned complaint.

Result: Petition is dismissed