Devendrabhai Atmaram Raval vs State Of Gujarat
2021 Latest Caselaw 18574 Guj

      R/CR.MA/3227/2018                                  ORDER DATED: 20/12/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC. APPLICATION NO. 3227 of 2018
                                With
         CRIMINAL MISC. APPLICATION (FOR STAY) NO. 1 of 2021
                                 In
            R/CRIMINAL MISC. APPLICATION NO. 3227 of 2018
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                          DEVENDRABHAI ATMARAM RAVAL
                                      Versus
                            STATE OF GUJARAT & 1 other(s)
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Appearance:
MR RJ GOSWAMI (1102) for the Applicant(s) No. 1
MR PARAG P RAVAL (9534) for the Applicant(s) No. 1
MR DEVDIP BRAHMBHATT (3490) for the Respondent(s) No. 2
MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR (2) for the
Respondent(s) No. 1
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     CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                  Date : 20/12/2021

                                   ORAL ORDER

1. Mr. Devdip Brahmbhatt, learned advocate appearing for respondent No.2-complainant, produced case details of Sessions Case No. 87 of 2017 pending before the Sessions Court at Mehsana. The said Sessions Case arose out of the complaint being C.R. No. I - 78 of 2017 registered with Kadi Police Station, Mahesana under Sections 395, 397, 504, 120B and 427 of IPC and Section 135 of the Gujarat Police Act, which was filed by the petitioner herein on 11.04.2017. As per the case details, Sessions Case No. 87 of 2017 is at the stage of recording of Further Statement and is listed on Board of the concerned Sessions Court today. He submitted that the present application arises out of the cross- complaint filed by respondent No.2 herein on 13.04.2017 bearing C.R. No. II - 79 of 2017 registered with the same Police Station for offences punishable under Sections 323, 504, 506(2) and 114 of IPC and the

R/CR.MA/3227/2018 ORDER DATED: 20/12/2021

proceedings of the said case are pending before the Magisterial Court at Mahesana.

1.1 Learned advocate Mr. Brahmbhatt submitted that the pendency of this application is being utilized by the applicant herein as a tool for not proceeding with the case pending before the Magisterial Court wherein the applicant herein is an accused and he has managed to take adjournments before the Magisterial Court. He pointed out that the impugned complaint is connected with the complaint being C.R. No. I - 78 of 2017 and therefore, both the cases may be heard together by the Sessions Court concerned before whom Sessions Case No.87 of 2017 is pending.

2. Learned advocate Mr. R. J. Goswami appearing for the applicant submitted that both the complaints arise out of different incidents and are not inter-connected. He also took the Court to the averments made in both the complaints to make good his case.

3. Heard learned advocates on both the sides. In the impugned complaint being C.R. No. II - 79 of 2017, the main allegation is that while the respondent-complainant and other accused named in C.R. No. I

- 78 of 2017 were present at Kadi Police Station, the applicant and others came to Kadi Police Station and allegedly assaulted the respondent- complainant in the Police Station itself. In the earlier complaint being C.R. No. I - 78 of 2017, the respondent-complainant is named as one of the accused persons. The said complaint appears to have been filed in pursuance of a political rivalry between two factions in the election to the Post of Sarpanch. Both the above incidents are inter-connected. Hence, in the opinion of this Court, it would be in the fitness of things that the

R/CR.MA/3227/2018 ORDER DATED: 20/12/2021

proceedings arising out of both the complaints are heard by the Sessions Court concerned and this Court deems it appropriate to transfer the proceedings pending before the concerned Magisterial Court at Kadi to the concerned Sessions Court at Mahesana in exercise of powers under Section 407 of the Code of Criminal Procedure.

4. Accordingly, the proceedings of complaint being C.R. No. II - 79 of 2017 pending before the Court of learned J.M.F.C., Kadi are ordered to be transferred to the Sessions Court at Mahesana where the proceedings of Sessions Case No.87 of 2017 arising out of C.R. No. I - 78 of 2017 are pending for being tried by the Sessions Court at Mahesana. The judgment in both the cases shall be delivered on the same day. With the above observations and direction, the application stands disposed of. Direct service TODAY.

(GITA GOPI, J)

PRAVIN KARUNAN