Viral Arasibhai Jotva vs Ashish Bhatia Director General Of ...
2022 Latest Caselaw 1570 Guj

     C/MCA/696/2021                               ORDER DATED: 10/02/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 696 of 2021

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                       VIRAL ARASIBHAI JOTVA
                               Versus
             ASHISH BHATIA DIRECTOR GENERAL OF POLICE
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Appearance:
MR GIRISH M DAS(2323) for the Applicant(s) No. 1
MR DM DEVNANI, AGP for the contemnors
NOTICE SERVED for the Opponent(s) No. 1,2,3,4,5,6,7
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                              Date : 10/02/2022

                        ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. This Misc. Civil Application for alleged contempt has been

filed contending inter alia that respondent Nos.1 to 6 be

proceeded for contempt of court proceedings namely, for willful

disobedience of the judgment, direction and order passed in the

matter of Lalita Kumari Vs. Govt. of U.P. reported in AIR

2014 SC 187 and have also sought for a direction to the

Additional Chief Secretary, Home Department after joining him

as party respondent No.8 not to accept resignation of all erring

officers facing present contempt proceedings and in the

meanwhile, if they were superannuated, to withhold all

C/MCA/696/2021 ORDER DATED: 10/02/2022

monetary benefits of such erring officers.

2. We have heard Mr. Girish Das, learned counsel appearing

for the complainant and Mr. D.M.Devnani, learned Assistant

Government Pleader appearing for the contemnors.

3. It is the contention of Mr. Girish Das, learned counsel

appearing for the complainant that despite direction issued by

the Hon'ble Apex Court in Lalita Kumari's (supra) case to the

effect that whenever a complaint is filed before the police

authorities/police stations, such authorities or Station House

Officers are required to register complaint when cognizable

offence is made out and any infraction thereof should be viewed

seriously as it amounts to violation of direction issued by the

Hon'ble Apex Court, he seeks for contempt proceedings being

initiated against the respondents. Drawing our attention to the

complaint lodged by the complainant on 27.8.2021 with

Chandkheda Police Station, Ahmedabad, he contends that

despite said complaint disclosing cognizable offence, no FIR has

been registered and as such, it amounts to willful disobedience

of order passed by the Hon'ble Apex Court.

4. Per contra, Mr. Devnani, learned AGP appearing for the

C/MCA/696/2021 ORDER DATED: 10/02/2022

contemnors by reiterating the pleas advanced in the reply

affidavit dated 12.1.2022 seeks for rejection of the petition.

5. Having heard the learned counsel appearing for the

complainant and on perusal of reply affidavit as well as rejoinder

filed by learned counsel appearing for the complainant, we are of

the considered view that this is a fit case where this petition is

required to be dismissed for the reasons indicated hereinbelow.

6. In the instant case, complainant has contended that he had

lodged the complaint before Chandkheda Police Station on

27.8.2021, copy of which is appended to the complaint which is

in vernacular language. Sum and substance of said complaint is

that PSI of Surat Cyber Crime Police Station visited the

Ahmedabad Hotel of complainant's friend Mr. Yogesh Chothani

and had kidnapped him.

7. In the reply affidavit, it is stated that complainant was

contacted by the jurisdictional police on 4.10.2021, 6.10.2021

and lastly on 8.10.2021 requesting the complainant to furnish

certain details. It is stated that though assurance was given by

the applicant to furnish the details, he never appeared before the

police authorities. In order to proceed further, jurisdictional

C/MCA/696/2021 ORDER DATED: 10/02/2022

police are said to have located said Mr. Yogesh Chothani,

recorded his statement and found that he was available on

inquiry and, as such, jurisdictional police have arrived at a

conclusion that there is no cognizable offence and said fact has

been intimated to the complainant on 10.1.2022 (Annexure-R/1)

and same is on record along with the affidavit. If complainant is

aggrieved by the same, he would be at liberty to proceed in

accordance with law as provided under the Code of Criminal

Procedure, 1973. Hence, contempt proceeding stands dropped.

Misc. Civil Application stands dismissed. Notice is discharged.

(ARAVIND KUMAR,CJ)

(NIRAL R. MEHTA,J) RADHAKRISHNAN K.V.