Gujarat High Court
Manishbhai Kishorbhai Gohel vs State Of Gujarat on 14 June, 2021
Bench: A.S. Supehia
R/CR.MA/5984/2021 ORDER DATED: 14/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5984 of 2021
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MANISHBHAI KISHORBHAI GOHEL
Versus
STATE OF GUJARAT
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Appearance:
MR KRUNAL L SHAHI(6519) for the Applicant(s) No. 1,2
MS MOXA THAKKER APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 14/06/2021
ORAL ORDER
1. It is the case of the applicants that the applicant no.1 has
been living in a rented house, situated in Gulmohar Residency,
Sadhuvasvani Road, Rajkot with his family and the applicant no.2,
is his wife. The said house is jointly in the name of Mrs. Ninaben
Vindobhai Shah and her daughter namely Riya d/o Vinodbhai Shah,
both of them are NRI, and therefore, they had given a power of
attorney to one Mr. Dhimantbhai Jayantilal Kothari and his wife
namely Mrs. Charulata w/o Dhimantbhai Kothari. The Power of
attorney holders were unnecessarily harassing the present
applicants by filing frivolous applications before various
authorities.
1.1. It is further the case of the applicant that on 30.09.2020, one
of the power of attorney holders namely Mrs. Charulataben gave a
false and frivolous application before Gandhigram-2 (University),
Police Station, Rajkot against the applicant no.1 for registereing an
appeal of illegally retaining possession of the said house. The said
dispute is purely civil in nature and is mainly between the landlord
and tenant, though the police have no jurisdiction to investigate
R/CR.MA/5984/2021 ORDER DATED: 14/06/2021
into the present dispute, the police have filed a case against the
present applicant no.1, in connection with the aforesaid application
dated 30.09.2020. Thereafter, the applicant was summoned by the
investigating officer and his statement was recorded on
07.10.2020.
2. Pursuant to the aforesaid application dated 30.09.2020, the
applicant no.1 apprehends his arrest and therefore, on 12.10.2020
he moved an application before the Sessions Court, Rajkot, for
anticipatory bail in Criminal Misc. Application No. 2080 of 2020,
which came to be disposed of on 17.10.2020 by observing that the
entire dispute is purely of civil nature and pursuant to the
application dated 30.09.2020, if any offence is required to be
lodged, then the applicant should have informed in writing within a
clear seven days period, after registering the offence against him
and till then he should not be arrested.
3. Learned advocate Mr. Shahi, has submitted that though the
applicant no.1 was protected by the aforesaid order of the trial
court, another application has been filed alleging the same offence
on 15.02.2021, by a new power of attorney. He has submitted that
thereafter the applicants had filed Criminal Misc. Application No.
292 of 2021 before 10th Additional Sessions Judge, Rajkot, seeking
protection as granted earlier vide the aforesaid order dated
17.10.2020 to the trial court, however, the said application was
rejected on the ground that the applicants have already been
protected. Hence, again there is no need to pass same order.
4. Learned APP Mr. H.K. Patel has submitted that the judgment
and order dated 17.10.2020 passed in Criminal Misc. Application
No. 2080 of 2020 by the Sessions Court, Rajkot would take care of
R/CR.MA/5984/2021 ORDER DATED: 14/06/2021
the situation, in case the applicants apprehend their arrest.
5. Learned advocates for the respective parties does not dispute
with the judgment and order passed by the Sessions Court, Rajkot
dated 17.10.2020 in Criminal Misc. Application No. 2080 of 2020
on the application filed by the applicant no.1, apprehending his
arrest, wherein the trial Court has observed as under:
" As per police report, on the basis of application of the
complainant, applicant was called for recording his statement and
as per police report, applicant remained present on 07.10.2020 and
investigating is going on and yet no FIR has been registered. It is
pertinent to note that the statement of applicant recorded on
07.10.2020 is available in the police papers. Therefore, looking to
the papers and facts and circumstances as well as report of police,
the investigation of the application si pending and statement of
applicant has already been recorded and no offence has ben
registered till filing of this application and as such, dispute is of
civil nature regarding rent and house building. It is important to
note that applicant has prayed anticipatory bail against the FIR
likely to be registered before Gandhigram-2 ( University) or any
other police station within the limit of Rajkot City Police
Commissioner Area, but such prayer cannot be granted. But,
considering the facts and circumstances of the application and
dispute of civil nature, I am of the view that there is no
requirement to issue blanket order of anticipatory bail without
registering offence, but it would be just and proper to direct the
Investigation Officer that as and when the offence is required to be
registered on the basis of application dt.30.09.2020 of complainant
Charuben Himatbhai Kothari, as stated above, then the applicant
should be informed in writing with a clear seven days period after
registering the offence against him and till then he should not be
arrested."
6. It appears that thereafter an application of complainant was
made by another power of attorney on 15.02.2021, making similar
allegations. The applicants had approached the trial Court seeking
the same relief, however, was denied in view of the earlier order. In
the considered opinion of this Court, the directions issued by the
Sessions Court, Rajkot vide judgment and order dated 17.10.2020
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in Criminal Misc. Application No. 2080 of 2020, would satisfy the
grievance of the applicants. It is directed that the applicants shall
be informed in writing with a clear (15) fifteen days period, in case
any offence is registered leveling the allegations as mentioned in
the application dated 15.02.2021 against the present applicants
and till the aforesaid period, the applicants would not be arrested
to enable them to legal proceedings.
7. With the aforesaid direction, the present application stands
disposed of accordingly. Rule is made absolute to the aforesaid
extent.
(A. S. SUPEHIA, J)
Radhika
