Gujarat High Court
State Of Madhya Pradesh Thro Secreatry ... vs State Of Gujarat on 28 April, 2025
NEUTRAL CITATION
R/SCR.A/6494/2019 ORDER DATED: 28/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6494 of
2019
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STATE OF MADHYA PRADESH THRO SECREATRY HOME
DEPARTMENT & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS PALAK M DEVPURA(10370) for the Applicant(s) No. 1,2,3
D.D. PATHAN(5923) for the Respondent(s) No. 11
MR KHALID G SHAIKH(3233) for the Respondent(s) No. 10,5,6,9
MR LR PATHAN(2370) for the Respondent(s) No. 10,6
MR MHM SHAIKH(2007) for the Respondent(s) No. 5,9
MR MANAN MAHETA, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2,3,4,7,8
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 28/04/2025
ORAL ORDER
1. The matter is called out in both the sessions, however, learned advocate for the petitioners remained absent in both sessions. This petition has been filed by the State of Madhya Pradesh through its Secretary challenging the order passed below Exh.8109 in Sessions Case No.38 of 2009 and others, whereby the learned Special Court declined to accept the submission of Secretary, Home Department, State of Madhya Pradesh and registry of learned Trial Court was directed to issue production warrant under Section 267 of Cr.P.C. for the production of the ten accused. The Superintendent of Bhopal Central Jail and the Director General (Prisons), State of Madhya Pradesh was directed to get the revocation order from the Page 1 of 4 Uploaded by GAURAV J THAKER(HC00951) on Mon Apr 28 2025 Downloaded on : Tue Apr 29 11:09:09 IST 2025 NEUTRAL CITATION R/SCR.A/6494/2019 ORDER DATED: 28/04/2025 undefined Secretary, Home Department, State of Madhya Pradesh and produce all the ten accused before the learned Trial Court on 20.06.2019. The Secretary was also directed to issue the revoke order. It was also directed to hand over custody of the ten accused to Sabarmati Central Jail and after recording of their further statements, they were ordered to sent back to the Central Jail, Bhopal. Learned Trial Court also issue a precaution that if the order is not complied with then necessary proceedings under the Contempt of Court Act shall be initiated.
2. On 19.06.2019, the coordinate Bench while issuing notice, passed the following order :
"1. By way of the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), the petitioners seek to challenge the order dated 01.06.2019 passed by the learned Designated Judge, Special Court for Conducting Speedy Trial of Serial Bomb-blast Cases, Ahmedabad, Gujarat passed below application Exh.8109 in Sessions Case No.38 of 2009 and other allied cases.
2. Vide the impugned order, the learned trial Judge issued production warrants under Section 267 of the Code for production of 10 named accused lodging at Bhopal Central Jail, Madhya Pradesh and further directed the Superintendent of Bhopal Central Jail and the Director General (Prisons), State of Madhya Pradesh to get revocation of the order from the Secretary, Home Department, State of Madhya Pradesh and to produce 10 named accused before the trial Court on or before 20.06.2019. It is further ordered by the learned trial Judge that the said 10 named accused be lodged at Sabarmati Central Jail under the custody of the trial Court till the time of completion of recording of their further statement as required under Section 313 of the Code. While passing such order, the learned trial Court further ordered that if the Superintendent, Bhopal Central Jail and the Director General (Prisons), State of Page 2 of 4 Uploaded by GAURAV J THAKER(HC00951) on Mon Apr 28 2025 Downloaded on : Tue Apr 29 11:09:09 IST 2025 NEUTRAL CITATION R/SCR.A/6494/2019 ORDER DATED: 28/04/2025 undefined Madhya Pradesh fail to comply with the aforementioned directions, in that event, proceedings for contempt of Court shall be initiated against them without issuance of any further notice by the trial Court.
3. Feeling aggrieved by such order, the petitioners being, State of Madhya Pradesh, through its Secretary, Director General (Prisons) and Superintendent, Central Jail, Bhopal are before this Court, inter alia, contending that the order passed under Section 268 of the Code cannot be revoked nor even ordered to be got revoked from the Secretary, Home Department, State of Madhya Pradesh in an application Exh.8109 preferred by the named accused persons for initiation of proceedings under the Contempt of Court's Act, 1971 (for short, the said 'Act') could be passed in absence of challenge to the order under Section 268 of the Code in accordance with law.
4. Needless to say that once the power under Section 268 of the Code is invoked, provision of Section 267 of the Code loses its effect. Still however, the learned trial Judge issued production warrant under Section 267 of the Code before the notification issued under Section 268 of the Code stands revoked. Apart from the general and vague order as to initiation of proceedings for contempt of Court's order passed against the officers of the State of Madhya Pradesh, the learned trial Judge took cognizance of the provisions of the said Act. Sections 10 and 11 of the said Act make it clear that in respect of any subordinate Court, it is only the High Court that can take action for contempt of the subordinate Court's order. Section 15(2) of the said Act confers powers on the High Court to take action on reference made to it by the subordinate Courts. So, prima facie, the learned trial Court has exceeded its jurisdiction and, therefore, present petition deserves consideration.
5. Issue notice to the respondents, making it returnable on 09.07.2019. Learned A.P.P. Mr.Pranav Trivedi waives service of notice for the respondent - State.
6. Meanwhile, further intended proceeding for contempt of Court's order against the petitioners scheduled on 01.06.2019 is hereby stayed till further orders. It is clarified that in view of the principles settled in the case of State of Maharashtra V/s. Dr.Praful B. Desai reported in AIR 2003 SC 2053 read with decision of the Hon'ble Page 3 of 4 Uploaded by GAURAV J THAKER(HC00951) on Mon Apr 28 2025 Downloaded on : Tue Apr 29 11:09:09 IST 2025 NEUTRAL CITATION R/SCR.A/6494/2019 ORDER DATED: 28/04/2025 undefined Apex Court rendered in the case of Asha Ranjan V/s. State of Bihar reported in (2017)4 SCC 397 referred to and relied upon by the Co-ordinate Bench of this Court in the order dated 24.08.2018 passed in Special Criminal Application No.3835 of 2017 with Special Criminal Application No.3913 of 2017 in respect of the grievance ventilated by the named accused in the said matter whereby, prayer of the named accused not to transfer them from Sabarmati Central Jail, Ahmedabad to Indor Central Jail has been refused. Thus, the learned trial Judge is at liberty to proceed with further hearing of the case by using means of video conferencing pending further hearing of the present petition and the proceedings shall not be adjourned on account of pendency of the present petition before this Court. Direct service today is permitted."
3. The record indicates that the special case is disposed of by judgment dated 18.02.2022, copy of which has been placed on record. In view of above, the present petition does not survive and it is, accordingly, disposed of. It is made clear that the order of the learned Trial Court that if his order is not proceeded further, it may entail in proceeding for Contempt of Courts Act, now in the aforesaid circumstances does not survive. Liberty is granted to revive this petition, if any difficulty arises.
(J. C. DOSHI, J) GAURAV J THAKER Page 4 of 4 Uploaded by GAURAV J THAKER(HC00951) on Mon Apr 28 2025 Downloaded on : Tue Apr 29 11:09:09 IST 2025