IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ASHUTOSH SHASTRI, J.C. DOSHI, JJ.
HITARTH ATULKUMAR CHAG – Appellant
Versus
SUNIL ISHRANI – Respondent
Misc. Civil Application No. 345 of 2023
Decided On : 01-05-2023
Contempt of Courts Act, 1971 - Section 12 - Indian Penal Code, 1860 - Sections 306, 114, 405, 406, 506(2) and 34 - Code of Criminal Procedure, 1973 - Section 154 - Constitution of India, 1950 - Article 129, 226 - Contempt petition - Willful disobedience of directions - Issue notice, frame charge, try and punish respondent authority for willful disobedience of directions issued by Hon'ble Apex Court – Held, It is a trite law that it is not function of Court to add words or express merely to suit what Court thinks it, supposed intention of legislature and Courts should avoid construction which has effect of rendering any words used by legislature superfluous or redundant - Applicant is not remedy-less since there is an adequate protection provided to ventilate this grievance by way of resorting to other provisions available to applicant under Code of Criminal Procedure and as such court found clearly that court is not in a position to exercise contempt jurisdiction and refrain ourselves from entertaining present Misc. Civil Application - However while parting with present judgment, Court clarify that disposal of this contempt petition will not preclude applicant from taking any other mode to ventilate grievance permissible in law and court have not expressed any opinion on merits since at threshold, Court is not entertaining petition for want of jurisdiction – Application dismissed.
JUDGMENT :
ASHUTOSH SHASTRI, J.
1. By way of this application under Section 12 of the Contempt of Courts Act, applicant (original complainant) has come forward with a relief to initiate process against respondent authorities under the provisions of Contempt of Courts Act by framing charge and punish them for willful disobedience of the directions issued by Hon’ble Apex Court in the case of Lalita Kumari vs. State of Uttar Pradesh, (2014) 2 SCC 1. Following are the reliefs which are sought for in the contempt application:
(A) This Hon'ble Court may pleased to issue notice, frame charge, try and punish the respondent authority for the willful disobedience of the directions issued by the Hon'ble Apex Court in the case of Lalita Kumari vs. State of Uttar Pradesh, (2014) 2 SCC 1 as stated in this petition, in accordance with the provisions of the Contempt of Courts Act in the interest of justice.
(B) Pending the admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the respondents to follow the directions issued by the Hon'ble Apex Court in the case of Lalita Kumari vs. State of Uttar Pradesh, (2014) 2 SCC 1 and thereby pleased to direct the Respondent No. 1 to register FIR as per the complaint dated 17.02.2022 in the interest of justice.
(C) Pending admission hearing and final disposal of this petition, this Hon'ble court may be pleased to direct departmental action to be initiated against the erring officers.
(D) This Hon'ble Court may be pleased to grant such other and further reliefs as may be deemed fit by this Hon'ble Court, in the interest of justice.
2. Brief background of the case is that on 12.4.2023, father of present applicant committed suicide at his residential place and on the same day, suicide note was found from the place of incident which contained the reason for committing suicide. According to applicant, suicide note indicates that harassment on the part of accused persons, one of them is sitting Member of Parliament of Gir Somnath. On the same day, police authority recovered suicide note written by deceased father of applicant and recorded statement of family members and according to applicant, material indicates that it is a cognizable offence against accused, still however respondent No. 1 has not registered First Information Report and thereby respondent No. 1 has failed to discharge his duty. On account of this neglect of respondent No. 1, applicant submitted a written complaint on 17.2.2023 for offence punishable under Sections 306, 114, 405, 406, 506(2) and 34 of Indian Penal Code and requested respondent No. 1 authority to register complaint against accused persons, still no actions are taken by respondent No. 1. It is the case of applicant that he was called upon by respondent No. 1 for taking further steps on 22.2.2023, but he was not present when applicant reached to police station and to the best of his knowledge, respondent No. 1 proceeded on medical leave and no steps have been taken for registration of FIR. On 22.2.2023, a detailed representation was made to respondent No. 1 as well as respondent No. 2 by pointing out clearly to register offence and also by drawing specific attention to the observations made by Hon’ble Apex Court in the case of Lalita Kumari vs. State of Uttar Pradesh, (2014) 2 SCC 1 and also notification of State Government dated 6.2.2016. So much so, along with said representation, copy of notification as well as order passed by Hon’ble Apex Court were also forwarded, still nothing was proceeded which has constrained the applicant to forward several representations to various authorities on their official email as also made a complaint by WhatsApp message to CMO, Gujarat bearing No. 7030930344 and also made representation to Home Minister of State of Gujarat as well and it is the grievance of applicant that despite such series of representations and requests, no actions were initiated and as such authorities are in clear defiance of the ord
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gpt-4
The court clarified its inherent powers under Article 215 of the Constitution to punish for contempt and emphasized the continued applicability of the directions issued by the Apex Court in the cases....
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