Gujarat High Court
Vibhuti Yoginbhai Singanporiya vs State Of Gujarat on 4 July, 2023
Bench: Sandeep N. Bhatt
Modification of Order dtd.
R/CR.MA/28955/2017 13/06/2023 in R/CR.MA/28955/2017ORDER DATED: 04/07/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 28955 of 2017
[On note for speaking to minutes of order dated 13/06/2023 in
R/CR.MA/28955/2017 ]
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VIBHUTI YOGINBHAI SINGANPORIYA & 2 other(s)
Versus
STATE OF GUJARAT & 8 other(s)
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Appearance:
MR PUSHPADATTA VYAS(1296) for the Applicant(s) No. 1,2,3
MR.S D MOTWANI(6681) for the Applicant(s) No. 2,3
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4,5,6,7,8,9
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 04/07/2023
ORAL ORDER
1. This is an application for transfer of the
proceedings being Domestic Violence Act Application No.822 of
2016 pending before the learned competent Criminal Court at
Surat to the learned competent Criminal Court at Bharuch.
2. This Court has heard learned advocate for the
applicants and allowed the present application vide detailed
order dated 13.06.2023.
3. After receiving the writ from this Court, the
learned Principal District Judge, Surat has submitted a
Modification of Order dtd.
R/CR.MA/28955/2017 13/06/2023 in R/CR.MA/28955/2017ORDER DATED: 04/07/2023
report indicating the fact that the impugned proceeding has
already been dismissed for want of prosecution vide order
dated 22.06.2018. Therefore, there is no pending proceedings
at Surat now. Copy of the order passed by the learned trial
Court is placed on record along with the said report.
4. It is noted that the impugned proceedings were
not in alive when this Court has allowed the application vide
order dated 13.06.2023.
5. It is very painful that the learned advocate/s for
the applicants has not drawn the attention of this Court
about such facts.
6. Under the circumstances, the following order is
passed :
6.1 The order passed by this Court on this application
dated 13.06.2023 is hereby recalled.
6.2 The present application has become infructuous, in
view of the facts noted above.
6.3 This application is disposed of, as having become
infructuous. Notice is discharged.
(SANDEEP N. BHATT,J)
M.H. DAVE
Present Order is modified vide
R/CR.MA/28955/2017 Order dtd. 04/07/2023 in ORDER DATED: 13/06/2023
R/CR.MA/28955/2017
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 28955 of 2017
==========================================================
VIBHUTI YOGINBHAI SINGANPORIYA & 2 other(s)
Versus
STATE OF GUJARAT & 8 other(s)
==========================================================
Appearance:
MR PUSHPADATTA VYAS(1296) for the Applicant(s) No. 1,2,3
MR.S D MOTWANI(6681) for the Applicant(s) No. 2,3
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4,5,6,7,8,9
MR DHAVAN JAISWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 13/06/2023
ORAL ORDER
1. By way of this application, the applicants have prayed for
the following reliefs:-
"(A) Be pleased to transfer the proceedings of Criminal Misc.
Application (domestic Violence Act) No. 822 of 2016 pending
before the learned 9th Additional Civil Judge and Judicial
Magistrate First Class at Surat at Annexure-A to the Court of
learned Judicial Magistrate First Class at Ankleshwar, Dist.
Bharuch in the interest of justice.
(B) Pending admission and final disposal of this petition, be
pleased to stay the proceedings of Criminal Misc. Application
(domestic Violence Act) No. 822 of 2016 pending before the
learned 9th Additional Civil Judge and Judicial Magistrate First
Class at Surat."
Present Order is modified vide
R/CR.MA/28955/2017 Order dtd. 04/07/2023 in ORDER DATED: 13/06/2023
R/CR.MA/28955/2017
2. Mr. Pushpadatta Vyas, learned counsel for the applicants
has submitted that though served, none appears for the
private respondents.
3. Mr. Vyas submitted that in view of the judgment
delivered by the Division Bench of this Court reported in 2016
(2) GCD 942, this Court can exercise power under Section 407
of the Code of Criminal Procedure as he is seeking transfer of
the proceedings filed under the provisions of the Protection of
Women from Domestic Violence Act, 2005, which is pending
before the Court of learned 9th Additional Civil Judge and JMFC,
Surat. He has further submitted that applicant No.1 wife is now
transferred to Ankleshwar and staying at Ankleshwar with her
minor children and therefore, she is praying for transfer of
such proceedings from JMFC Court, Surat to JMFC Court at
Ankleshwar, Dist. Bharuch. He has further submitted that the
conduct of the private respondents is self-explanatory and
even the amount of maintenance to the minor applicants is not
paid. He further submitted that the proceedings bearing
Criminal Misc. Application No. 328/2017 filed under Section
125(3) of Cr.P.C for recovery of amount of maintenance is also
pending before the Court of JMFC at Ankleshwar. He further
submitted that considering the hardship of the applicant No.1
mother and her two minor children and the the distance
between Surat and Ankleshwar as well as non-cooperative
approach of the private respondents, the proceedings in
question are required to be transferred to the Court of JMFC at
Ankleshwar.
Present Order is modified vide
R/CR.MA/28955/2017 Order dtd. 04/07/2023 in ORDER DATED: 13/06/2023
R/CR.MA/28955/2017
4. Mr. Dhavan Jaiswal, learned APP states that considering
the submissions made at the bar by learned counsel for the
applicants, this Court may pass appropriate order.
5. Considering the submissions made by learned counsel for
the applicants, it transpires that the private respondents
though served have not chosen to appear in the present
proceedings and therefore, the proceedings filed under the
provisions of the Domestic Violence Act, 2005 can be
considered under Section 407 of Cr.P.C.
6. Considering the fact that the applicant No.1 is wife and
she has liability to look after her two minor children as well as
the fact that the proceedings filed under Section 125 of Cr.P.C
are pending before the Court of JMFC at Ankleshawar and
considering the law laid down in the above cited judgment
reported in 2016 (2) GCD 942, it is appropriate to pass an
order of transfer the proceedings pending before the Court of
learned JMFC, Surat to the Court of learned JMFC at
Ankleshwar.
7. Accordingly, present application is allowed as prayed for
in Para 6 (A) and the proceedings of Criminal Misc. Application
No. 822/2016 filed under the provisions of Domestic Violence
Act, 2005 are hereby directed to be transferred from the Court
of learned 9th Additional Civil Judge and JMFC, Surat to the
Court of learned JMFC at Ankleshwar, Dist. Bharuch.
(SANDEEP N. BHATT,J)
SUCHIT
