Gujarat High Court
Savjibhai Parshottambhai Kagathra vs Premsukh Delu on 24 April, 2025
Author: A.S. Supehia
Bench: A.S. Supehia, Gita Gopi
NEUTRAL CITATION
C/MCA/338/2025 ORDER DATED: 24/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 338 of 2025
In R/SPECIAL CRIMINAL APPLICATION NO. 11111 of 2024
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SAVJIBHAI PARSHOTTAMBHAI KAGATHRA
Versus
PREMSUKH DELU & ANR.
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Appearance:
MR N.D. GOHIL ADVOCATE for MR DHARMESH R PATEL(5592) for the
Applicant(s) No. 1
DELETED for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 24/04/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present application is filed seeking initiation of
contempt proceedings against the respondent for wilful and
deliberate disobedience of the order dated 03.09.2024 passed
by the learned Single Judge in the captioned petition.
Relevant observations are as under:
4. It is needless to say that this Court has not opined
about commission of alleged offences and, therefore, it
would be open for the suspects or those persons, who may
be made an accused in the FIR, to file an application u/s.482
or Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 or to file appropriate proceedings before appropriate
Court including an application u/s.528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and/ or any petition under
Article 226 of the Constitution of India. Rule is made
absolute to the aforesaid extent.
5. With the above observations and directions, this
petition is disposed of. I clarify that I have otherwise not
NEUTRAL CITATION
C/MCA/338/2025 ORDER DATED: 24/04/2025
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gone into the merits of the matter.
6. For any reason, if the police authorities refuse to
register the FIR, it shall be open for the petitioner to avail of
the remedy under Section 223 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
2. Accordingly, the applicant made a representation on
03.01.2025 to the respondent Police Officers. The grievance of
the applicant is that despite the serious allegations made
therein, they are not registering the FIR.
3. We are not inclined to entertain the present application
in view of the specific liberty reserved in favour of the
applicant in paragraph No.6 by the learned Single Judge, to
avail the remedy under Section 223 of the Bhartiya Nagarik
Suraksha Sanhita, 2023.
4. After the aforesaid order was pointed out by us to
learned advocate Mr.Gohil that the remedy is already
available, learned advocate Mr. Gohil has insisted for further
hearing and submitted that out of 130 members, 30 members
were not present however, the documents are submitted and
other members, those who are located at Rajkot and Morbi,
were not present in the village and their locations are also not
traced by the police.
5. It is submitted that prior to one month of the election,
they have not paid anything, and they should pay the
membership fees, even though the election was carried out.
Learned advocate Mr.Gohil submitted that as per the
judgment of Lalita Kumari Vs. Government of Uttar Pradesh
and Ors., (2014) 2 SCC 1, prima facie, the law is very clear.
NEUTRAL CITATION
C/MCA/338/2025 ORDER DATED: 24/04/2025
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6. Thus, this application is nothing but a sheer wastage of
judicial time. Despite a clear direction issued by the learned
Single Judge in paragraph No.6 that if the police authorities
refuse to register the FIR, it shall be open for the petitioner to
avail the remedy under Section 223 of the Bhartiya Nagarik
Suraksha Sanhita, 2023, the present application is filed for
initiation of the contempt proceedings. Hence, the present
application is devoid of any merit, the same is rejected
accordingly.
(A. S. SUPEHIA, J)
(GITA GOPI,J)
Pankaj/42
