JUDGMENT :

1. Rule. Learned APP waives service of notice on behalf of respondent State. By consent of both the sides, the matter is taken up for final hearing today.

2. The original petitioner – Karmanbhai Revabhai Bharwad had approached this Court under the provisions of Section 482 Cr.P.C. with a prayer to take immediate action against the P.S.I., Tarapur Police Station through respondent no.2 – District Superintendent of Police in the form of departmental inquiry for the abuse of process of law and misusing the power and illegally confining/detaining the petitioner and his family members in the police lockup/custody for more than 24 hours; thus with further prayer to consider the said action of P.S.I. Tarapur to be illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India.

2.1. Vide amendment dated 12.10.2021, it was further prayed to quash and set aside the FIR being C.R. No.II/72/2019 registered at Tarapur Police Station, District Anand for the offences punishable under Sections 186 and 114 of IPC, dated 08.09.2019.

2.3. After the death of the original petitioner his son Vijay Karamanbhai Bharvad by an order dated 19.08.2021 in Criminal Misc. Application No.1 of 2019 has placed himself as petitioner in the matter.

3. The petitioner challenges the inaction on the part of the respondent nos.2 and 3 for not deciding his application dated 23.08.2019 and challenges the action of respondent no.3 – P.S.I. Tarapur Police Station directing and compelling the petitioner to hand over the vacant possession of the land on which the petitioner claims his ownership submitting that Civil Suit No.128 of 2013 was filed before the Principal Civil Judge, Tarapur, District – Anand and also stating that the Regular Civil Appeal is pending before the learned District Court.

3.1 It is stated that in Civil Suit No.128 of 2013, the petitioner had prayed for cancellation of the sale deed dated 17.06.2004 as was on the basis of misrepresentation, cheating, forgery and taking undue advantage of the illiteracy of the petitioner, as being a poor farmer he was in need of advance finance, the agricultural land in question was put under mortgage. It is alleged that instead of executing the mortgage deed, a sale deed was registered, corresponding Mutation Entry in the revenue record, was sought to be served thus the fact came to the knowledge of the petitioner; thereby raising his objection and therefore, had filed Civil Suit for cancellation of the registered sale-deed. The defendants of the Suit had filed an application under Order 7 Rule 11 C.P.C. at Exhibit-51 before the learned Principal Civil Judge, Tarapur which came to be allowed rejecting the Suit on 16.08.2018.

3.2 It is stated that aggrieved by the said order, petitioner had filed Regular Civil Appeal with delay condonation application being Misc. Civil Application No.133/2019 before the learned Principal District Court at Anand and a notice was issued to the respondents in the matter making it returnable on 13.09.2019.

3.3 It is contended by the petitioner that in spite of knowledge of pendency of the delay condonation application, the defendants of the Suit had tried to illegally take the possession of the land from the petitioner and therefore an application was moved on 23.08.2019 to the respondent nos.2 and 3 police authorities, it is alleged that without following the due process of law a case came to be registered against the original petitioner and his brother under Sections 186 and 114 of IPC. They were arrested and then released on 09.09.2019.

4. Mr. Dastoor, learned advocate for the petitioner vehemently contended that the police has no business to interfere in the proceedings of the Court and ought to have given consideration to the application dated 23.08.2019. He submits that in spite of receiving the application which was in the form of Pre-empt Caveatory Plea, the police high handedly in connivance with the defendants of the Civil Suit No.128 of 2013, filed i