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2022 Supreme(Guj) 551
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vipul M. Pancholi, J.
State Of Gujarat – Petitioner
Versus
Sapana Kumari D/o Bhagwan Singh Randhawa – Opponent
Criminal Misc. Application (Recall) No. 1 of 2022 In R/Criminal Misc.Application No. 3446 of 2022
Decided On : 06-05-2022
Advocate Appeared:
For the Petitioner: Mr Ronak Raval, Public Prosecutor
For the Opponent : Mr MHM Shaikh, Ms Ratna Vora
The main legal point established is that the suppression of material facts and abuse of the court's process can lead to the recall of an order and further investigation against the accused.
Headnote:
Recall of Order - Criminal Procedure - Indian Penal Code, 1860, Section 420 - The court recalled the order quashing the FIR under Section 420 of the Indian Penal Code, 1860, due to the suppression of material facts by the accused and the abuse of the process of the court. The court allowed further investigation against the accused.
Fact of the Case:
The State filed an application to recall the order quashing the FIR under Section 420 of the Indian Penal Code, 1860, based on the accused's suppression of material facts before the court.
Finding of the Court:
The court found that the accused had suppressed vital information regarding the number of victims and the amount obtained, leading to the abuse of the court's process.
Issues: The issues revolved around the suppression of material facts by the accused and the abuse of the court's process in obtaining the order to quash the FIR.
Ratio Decidendi: The court held that the accused's suppression of material facts and abuse of the court's process warranted the recall of the order quashing the FIR.
Final Decision: The court allowed the application, recalled the order quashing the FIR, and permitted further investigation against the accused.
ORDER :
1. Rule. Learned Advocate, Ms. Ratna Vora, waives service of rule for Opponent No.1-original accused, whereas, learned Advocate, Mr. Shaikh, waives for Opponent No.2-First Informant.
2. This is an application filed by the applicant-State, i.e. original Respondent No.1, seeking to recall the order passed by this Court, Dated: 11.03.2022, in Criminal Misc. Application No. 3446 of 2022, whereby, this Court quashed and set aside the FIR, bearing No. 11210015220019 of 2022, registered with DCB Police Station, Surat City, District: Surat, under Section 420 of the Indian Penal Code, 1860, on the ground that Opponent No.1- Original accused arrived at a settlement with Opponent No.2-First Informant.
3. Learned Advocate, Mr. Raval, appearing for the applicant-State submitted that the aforesaid FIR was lodged by Opponent No.2-First Informant with DCB Police Station, Surat City, against Opponent No.1- Original Accused and others.
3.1 After the filing of the aforesaid FIR, it appears that Opponent No.1-Original Accused allegedly arrived at a settlement with Opponent No.2-First Informant and filed an application under Section 482 of the Code of Criminal Procedure, 1973 (in brief, ‘the Code’), i.e. Criminal Misc. Application 3446 of 2022, before this Court on the ground of settlement.
3.2 It was submitted that relying on the statement made by Opponent No.2-First Informant, who was personally present before this Court and was duly identified by the learned Advocate, Mr. Shaikh, representing his case, this Court quashed and set aside the FIR in question vide order dated 11.03.2022.
3.3 At this stage, learned APP, Mr. Raval, submitted that while filing the application under Section 482 of the Code, on the ground of settlement between Opponent No.1-Original Accused and Opponent No.2-First Informant, Opponent No.1-Original Accused suppressed the material facts before this Court.
3.4 It was submitted that the concerned Investigating Officer had filed an affidavit before the concerned trial Court, while opposing the bail application filed by Opponent No.1-Original Accused.
3.4.1 It was submitted that in the said affidavit, the concerned Investigating Officer has specifically stated that when Opponent No.1-Original Accused was interrogated, at the time of her remand, she had specifically stated that she had obtained different amounts from about 19 different persons and thereby, she collected Rs.73,05000/-
3.4.2 It was submitted that, though, opponent No.1-Original Accused was aware of the said affidavit, this aspect was not disclosed before this Court and therefore, by relying on the submissions made by the learned Advocate, Ms. Vora, appearing for Opponent No.1-Original Accused and learned Advocate, Mr. Shaikh, appearing for Opponent No.2-First Informant that Opponent No.2-First Informant is the only and the sole victim, as there is reference of Opponent No.2-First Informant only in the FIR, this Court exercised the powers under Section 482 of the Code and quashed and set aside the said FIR qua Opponent No.1-Original Accused.
3.4.3 It was, therefore, prayed that the order dated 11.03.2022 be recalled.
4. On the other hand, learned Advocate, Ms. Vora, appearing for Opponent No.1-Original Accused strongly opposed this application and referred to the affidavit filed by Opponent No.1-Original Accused.
4.1 It was submitted that Opponent No.1-Original Accused came to be arrested on 23.01.2022 and she was remanded to police custody upto 28.01.2022. Thereafter, she was sent into judicial custody. Later on, she was released on bail vide order dated 03.02.2022 by the concerned trial Court.
4.2 It was submitted that Opponent No.1-Original Accused was not aware of filing of such an affidavit by the concerned Investigating Officer, opposing the bail application filed by her.
4.3 It was also submitted that the concerned Advocate, who had appeared for Opponent No.1-Original Accused before the trial Court concerned, had not supplied a copy of such an affidavit to her.
4.
