Gujarat High Court
Bhailalbhai Sendhabhai Valand vs State Of Gujarat on 24 April, 2025
NEUTRAL CITATION
R/SCR.A/6208/2024 CAV JUDGMENT DATED: 24/04/2025
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Reserved On : 20/03/2025
Pronounced On : 24/04/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 6208 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Sd/-
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Approved for Reporting Yes No
No
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BHAILALBHAI SENDHABHAI VALAND & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
NIMISHA J PAREKH(8015) for the Applicant(s) No. 1,2,3
NOTICE SERVED for the Respondent(s) No. 2,3,4
NOTICE SERVED BY DS for the Respondent(s) No. 5,6,7
H.A. DAVE, PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
CAV JUDGMENT
1. By this writ application under Article 226 of the
Constitution of India, the petitioners have a grievance to
redress as regards the inaction on the part of the respondent
Nos.5 to 7 in not taking any action against the respondent
Nos.2 to 4 pursuant to the representations dated 12.04.2024
and 19.04.2024 made by them in writing addressed to the
D.S.P and I.G.P, Ahmedabad Rural.
2. The glimpse of the entire controversy is that the
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applicants herein are the father and sons. The applicant No.1 is
the father and the applicant Nos.2 and 3 are the sons, in
which, the applicant No.2-Ashokbhai has two daughters and
one son namely, Nirali, Hemali and Lakshy. Nirali is elder
daughter studied upto standard 10th who was doing the beauty
parlor work.
2.1 On 06.04.2024, all of a sudden, Nirali ran away from her
house without even informing anybody, and at that point of
time, her age was 19 years. Therefore, having suspicion over
one person named Krunal, the applicant No.2 went to the
house of the said Krunal to find out the whereabouts of her
daughter, however, when the applicant No.2 reached there,
the said Krunal was not found at his house, and therefore, the
applicant No.2 inquired about Krunal from his parents,
however, the mother of Krunal started abusing him and told
him that Krunal runs away with your daughter, and you cant do
whatever you want to do.
2.2 Thereafter, the applicant No.2 called the applicant Nos.1
and 3 as well as his cousin brothers, namely, Chetanbhai
Panara and Kalpeshbhai Panara and rushed to the Bavla Police
Station to lodge the complaint. However, the police officer
concerned declined to register the complaint. Instead, the
respondent Nos.2 to 4 snatched away the mobile phone of the
applicants and started beating up them, due to which, the
applicant No.3 became unconscious and fallen down, and
therefore, the applicant No.1 started crying and requesting the
respondent Nos.2 to 4 to give back the mobiles so that he can
call the ambulance. Thereafter, the mobiles were returned
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back and then the applicant No.1 called 108 ambulance.
2.3 Thereafter, the applicant No.3 was admitted in the
hospital for about 20 days as an indoor patient. Therefore, the
applicant No.1 made several representations to the D.S.P and
I.G.P requesting them to take action against the respondent
Nos. 2 to 4 , but no action is taken till today.
2.4 Hence, the applicants are here before this Court with the
present application.
3. Learned advocate Ms. N.J.Parekh appearing for the
applicants submits that there has been a gross abuse and
misuse of official powers conferred upon respondents No.2 to 4
as the conduct on the part of the respondent Nos.2 to 4, being
a public servant serving in the department where the victim
people are eyeing to get justice, is quite illegal and negligent
one. Learned advocate Ms. Parekh submits that one Krunal
illegally took the daughter of the applicant No.2 from his lawful
guardianship, and therefore, the applicants were decided to
get aid of the police. However, instead of providing helping
hand to the applicants to find out their girl, the police meted
out atrocities to the applicants by brutally beating them in the
police station. She further submits that the applicants have
tried their level best to get the FIR registered against the guilty
persons, however, the respondent-police authorities, reasons
best known to them, have declined to register the complaint.
The said action and conduct on the part of the police authority
can be considered a violation of human rights and law, and it
infringes on a citizen's right to access justice and due process.
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Learned advocate Ms. Parekh also submits that every citizen
has the right to seek redressal of their grievances, and the
police are mandated to register FIRs for cognizable offenses,
and refusing to register an FIR is a denial of this right. She
submits that the police authority must act within the bounds of
law. In the case on hand, due to such an inhuman approach at
the end of the respondent Nos.2 to 4, the applicants made
representation to the respondent Nos.5 to 7 seeking initiation
of action against the erring officers. However, the respondent
Nos.5 to 7 have not taken any action against them as on date.
She further submits that now a days cases of custodial
violence are increasing day by day and the protectors are
turning into perpetrators. Due increase in police atrocities in
the police station, the Hon'ble Apex Court, in a recent past, in
the case of Paramvir Singh Saini vs. Baljit Singh & Ors.,
reported in AIR 2021 SC 64 has issued certain directions to the
State Governments as well as Union territories to install CCTV
cameras in each and every police station functioning in the
respective State and/or Union Territory, which must be
equipped with night vision and must necessarily consist of
audio as well as video footage. In the present case also, as per
the direction issued by this Court to produce the CCTV
footages of the police station, the same is produced, and if the
Hon'ble Court see the same, then it clearly appears that the
applicant No.2 was being taken outside the police station in an
unconscious condition by their companions, and in support of
the same, learned advocate Ms. Parekh has also produced the
medical papers, which shows that serious injuries were
received by the applicant No.2 upon being brutally beaten by
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the respondent Nos.2 to 4.
4. In such circumstances, referred to above, learned
advocate Ms. Parekh prays that the present application be
allowed, and the relief as prayed for, be granted.
5. On the other hand, this application has been vehemently
opposed by learned Public Prosecutor Mr. Hardik Dave. He
submits that the case of the applicants is that the daughter of
the applicant No.2 ran away with one boy, namely, Krunal, and
therefore, they went to the police station to lodge the FIR and
asking the police to find out the whereabouts of the missing
girl. Be that as it may. The picture herein is altogether
different. The applicants herein are not so innocent as they
are projected. Learned Public Prosecutor Mr. Dave submits that
upon inquiry being conducted by the top-brasses into the
controversy, it revealed that after the applicants reached to
the police station and made an application, immediately the
same was registered as 39/2024. After furnishing the said
application before the Bavla Police Station, the entire family of
the girl went to the house of Krunal Makwana where major
quarrel took place between both the families. It is to be noted
that although the applicant Nos.1 and 3 are the residents of
Sanand, on the date of the occurrence of the incident, they
went to the house of the applicant No.2. After such quarrel
being taken place, the uncle of Nirali, namely, Bhailalbhai
dialed control room no. 100, and as such, police reached at
the place of incident and the police asked both the families to
come to the police station so that their statements can be
recorded. On both the families reaching to the police station,
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Bharatbhai Makwana fell ill, and therefore, he was taken to the
hospital. Thereafter, the police started recording statements
of the persons, however, at that time, Gautambhai started
taking photos and videos of the statements being recorded by
the police, and therefore, the officers reprimanded him not to
do any such illegal activity in the police station, due to which,
some verbal alteration took place between them. He submits
that the grievance of the applicants is that they were being
mercilessly beaten by the police due to which the applicant
No.3 sustained severe injuries, and therefore, he was taken to
the hospital for the purpose of treatment. However, the picture
is altogether different. The applicants were misbehaving with
the head constable alleging that the police officers are not
purposefully searching their daughter and are hand in glove
with the family members of Krunal Makwana. As the applicants
were making ruckus in the police station, the head constable
called the Police Inspector of the Bavla Police Station, who
immediately reached there, and in front of the Police Inspector
also, the applicants were making allegations against the police
of being hand in glove with the other side. Despite the same,
the Police Inspector gave assurance to the family of Nirali that
they shall trace out Nirali at the earliest.
6. Learned Public Prosecutor submits that during this
period, Gautambhai became unconscious, and before the
police could arrange for an Ambulance, applicant Nos.1 and 2
took the applicant No.3in their car to Radhe Hospital, and the
said incident is of 00:30 second on 07.04.2024 which is evident
from the CCTV footages. The applicants left the police station
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to go to Radhe Hospital, however, without taking treatment
over there, they returned to the police station after half and
hour at 1:10:27 a.m., and while returning back to the police
station, they had already informed 108 to come to Bavla Police
Station. Thereafter, the applicants again reached Bavla Police
Station in their car along with the ambulance which is also
there in the CCTV camera footage of the police station. Then,
the applicant Nos.1 and 2 shifted the applicant No.3 into the
ambulance and then took him to the CHC hospital. It is to be
noted that the applicant could have taken Gautambhai directly
to CHC Hospital which was on the way to police station instead
of first coming to police station and then taking him into the
CHC hospital in the ambulance. The said action of the
applicants speaks for itself. Learned Public Prosecutor further
has produced the medical certificate issued by the CHC
Hospital wherein it is mentioned that when the patient was
made to inhale spirit, the patient became fully conscious.
There were no external or internal injuries and the patient was
treated as an outdoor patient and was discharged on the very
same day. He also submits that after taking treatment at the
CHC Hospital, the applicant Nos.1 and 2 took the applicant
No.3 to J.K. Multi-speciality Hospital, and a copy of the medical
certificate issued by the said hospital has also been produced
wherein it is mentioned that there were no external injuries
and the patient was given simple treatment on account of
bodily pain. Thus, what is alleged by the applicants are
absolutely false and frivolous one and thereby the applicants
have tried to exert pressure upon the police to lodge false and
fabricated FIR. Even subsequently, the daughter of the
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applicant No.3 and Krunal returned back, and their statements
were also recorded, wherein the girl has specifically stated that
they were in love with each other and she her own, eloped with
Krunal. Even one Habeas corpus petition was also preferred by
Ashokbhai, which was rejected by this Hon'ble Court. Learned
Public Prosecutor submits that the applicants have made all
their efforts to tarnish the reputation of the police. In all eight
representation have been made by the applicants before
various authorities with the same content as raised in the
present application. Pursuant to such representations, the
S.P., Ahmedabad Rural deputed the Dy.S.P to look into the
same and to submit a report. The said report has already been
handed over to the S.P., and the S.P. is yet to give his final
opinion. Thus, looking to the facts and circumstances of the
present case, as stated above, the present application be
dismissed.
7. Heard the learned counsel appearing for the respective
parties and perused the record.
8. On perusal of the record, it's transpired that the
Inspector General of Police has filed an affidavit wherein he
has very categorically narrated the entire sequence of events
of the incident. On perusal of the said affidavit, it is revealed
that (i) the entire dispute arose when the daughter of the
applicant No.3 eloped with one Krunal, with whom she was in
love affair. (ii) when the applicant No.3 came to know about
his daughter, namely, Nirali went missing, he suspected one
boy Krunal of being abducted her (iii) therefore the applicants
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went to the house of Krunal where some verbal altercation
took place (iv) then the applicants reached to the Bavla Police
Station and gave a complaint to find out the whereabouts of
their daughter (v) the said application was entertained by the
police and was being numbered as 39/2024 (vi) after furnishing
such an application, the applicants again in the late night,
went to the house of Krunal Makwana where a major quarrel
took place between both the families, which was of such a
magnitude that neighbouring people came out and gathered
(vii) after such a quarrel, a person from the girl's family dialed
100 control room, and therefore, police reached there, and
called both the sides to come to the police station for the
purpose of recording of their statements (viii) accordingly, both
the families reached to the police station and police started
recording their statements (ix) at that time, applicant No.3-
Gautambhai Parekh started getting videos and photographs of
the statements being recorded by the police, and therefore,
police reprimanded him (x) therefore, the applicants started
misbehaving with the police staff making allegations that they
are favouring the boy's side (xi) thereafter the police staff
called the Police Inspector, who was reached there and tried to
persuade the girl's side that they will find their daughter at the
earliest (xii) during this period, the applicant No.3-Gautambhai
became unconscious while his statement was being recorded
(xiii) however, before the police could do anything, the
applicant Nos.1 and 2 immediately took the applicant No.3 in
their car to one private hospital, although there was C.H.C.
Hospital coming between the said private hospital and the
police station (xiv) then, the applicants again came back to the
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police station without taking treatment at the said hospital and
called the 108 ambulance at the police station and from there
they took the applicant No.3 at the C.H.C Hospital in the said
ambulance.
9. From what is stated in the affidavit on oath, it appears
that it might be that whatever injuries the applicant No.3 had
received, was during the quarrel with the rival side. When the
applicants went to the police station at the first instance, their
application was considered and was numbered as 39/2024.
Therefore, there is no question of not paying any heed to the
grievance of the applicants by the police authority. However,
instead of the fact that their application is being considered,
and without waiting for the police to take any action, the
applicants again went to the house of the boy where quarrel
took place between both the sides, wherein the applicant No.3
might have received some internal bodily injuries. Even the
applicants have not produced any medical certificate showing
that the applicant No.3 had received any severe injury and for
that they took treatment as an indoor patient. Moreover, on
the basis of the various representations made by the
applicants before the various police authorities, the
Superintendent of Police entrusted to the Dy.S.P. and the
Dy.S.P., after through inquiry and after collecting all the
relevant materials including the statements of the doctors and
the certificates issued by them, wherein the doctors have very
categorically stated that there was no external or internal
injury to the applicant No.3. has already submitted its report
before the Superintendent of Police, which is pending for final
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decision of the Superintendent of Police.
10. The Supreme Court in Priyanka Srivastava & Anr. v.
State of U.P. & Ors., 2015 (6) SCC 287, has clarified certain
aspects in relation to the registration of F.I.R. where, primarily,
dispute is of a commercial nature or as if somebody is
determined to settle the personal score by taking undue
advantage of criminal courts and thus, observed:
"2. This Court has held in Sakiri Vasu v. State of U.P.
[Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 : (2008) 1
SCC (Cri) 440, that if a person has a grievance that his
FIR has not been registered by the police, or having been
registered, proper investigation is not being done, then
the remedy of the aggrieved person is not to go to the
High Court under Article 226 of the Constitution of India,
but to approach the Magistrate concerned under Section
156(3) CrPC. If such an application under Section 156(3)
CrPC is made and the Magistrate is, prima facie, satisfied,
he can direct the FIR to be registered, or if it has already
been registered, he can direct proper investigation to be
done which includes in his discretion, if he deems it
necessary, recommending change of the investigating
officer, so that a proper investigation is done in the
matter. We have said this in Sakiri Vasu case [Sakiri Vasu
v. State of U.P., (2008) 2 SCC 409 : (2008) 1 SCC (Cri)
440 : AIR 2008 SC 907] because what we have found in
this country is that the High Courts have been flooded
with writ petitions praying for registration of the first
information report or praying for a proper investigation.
3. We are of the opinion that if the High Courts entertain
such writ petitions, then they will be flooded with such
writ petitions and will not be able to do any other work
except dealing with such writ petitions. Hence, we have
held that the complainant must avail of his alternate
remedy to approach the Magistrate concerned under
Section 156(3) CrPC and if he does so, the Magistrate will
ensure, if prima facie he is satisfied, registration of the
first information report and also ensure a proper
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investigation in the matter, and he can also monitor the
investigation." (Emphasis supplied)
11. In Whirlpool Corporation v. Registrar of Trade Marks, AIR
1999 SC 22, the Supreme Court was of the view that under
Article 226 of the Constitution, the High Court, having regard
to the facts of the case, has the discretion to entertain or not
to entertain a writ petition. But the High Court has imposed
upon itself certain restrictions one of which is that if an
effective and efficacious remedy is available, the High Court
should not normally exercise its jurisdiction. But the alternative
remedy as has been consistently held by this Court not to
operate as a bar in at least three contingencies, namely, where
the writ petition has been filed for the enforcement of any of
the fundamental rights or where there has been a violation of
the principle of natural justice or where the order or
proceedings are wholly without jurisdiction or the vires of the
act is challenged.
12. The Supreme Court, in the Waseem Haider vs. State of
U.P., Thru Prin. Secy. Home Lko, AIRONLINE 2020 ALL 2584,
had an occasion to deal with a case where the petitioner had
approached the High Court seeking mandamus for registration
of F.I.R. against the respondents. While declining the
petitioner's prayer, the Supreme Court held that the Code of
Criminal Procedure incorporates enough safeguards for victims
and the accused. It lays down detailed procedures for
conducting an investigation, filing of final report, taking
cognizance, and conducting the trial. It provides enough
safeguards against the illegal action of police. It is a self
contained code and comprehensive on all aspects of criminal
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law. A complainant has statutorily engrafted remedies to
ensure that his complaint is taken to its logical end. Thus, he
must first exhaust said remedies and cannot invoke
extraordinary writ remedy as a matter of course, even when a
crime is not registered and there is no progress in the
investigation.
13. A writ of mandamus seeking to compel the police to
fulfill its statutory obligation under Section 154 of the Cr.P.C.
may be refused to the complainant if they have not first
pursued alternative remedies available under Section/s
156(3), 190, and 200 of the Cr.P.C., unless the complainant
falls within the four exceptions outlined in the Whirlpool
Corporation (supra) case.
14. It is apparent from the affidavit filed by the Inspector
General of Police that pursuant to various applications made
by the applicants, the inquiry has already been assigned to the
Dy.S.P, who has also concluded his inquiry and submitted its
report to the Superintendent of Police, which is pending for
final decision. Further, as per the affidavit, number was also
given to the application made by the applicants. Thus, it
cannot be said that police has not undertaken any action. It
appears that immediately after making an application, the
applicants went to the house of the boy Krunal and made a
ruckus. What was need for the applicants to again go to the
house of Krunal when the police had already taken cognizance
by giving number to their application. The applicants should
have to wait for the police to start investigation to find out the
whereabouts of their daughter, rather showing undue haste by
making consecutive applications as also in approaching this
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Court. There are certain procedure to be followed by the
police, which takes its own time. This Court can understand the
plight undergone by the applicant No.3 being the father, whose
19 years old girl went missing all of a sudden.
15. Based on the forgoing discussion and on thorough
deliberations and examination of records, affidavits filed by the
parties, scrutiny of CCTV footages available on record, I am of
the view that this is not a fit case where indulgence of this
Court is warranted.
16. Hence, in the absence of any prima facie case being
made out by the applicants, I am of the opinion that the
present application deserves to be rejected being devoid of
any merit.
17. Before parting, it would be apt to make a reminder that
the guidelines issued by the Hon'ble Apex Court in Paramvir
Singh (supra) in connection with installation of C.C.T.V cameras
in the police stations, have to be followed in stricto sensu
manner.
18. In the result, the present application fails and is hereby
rejected. Notice stands discharged.
(DIVYESH A. JOSHI,J)
VAHID
