Gujarat High Court

Mithabhai Panchabhai Dhedhi vs State Of Gujarat on 19 September, 2025

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                             R/CR.MA/27041/2016                                ORDER DATED: 19/09/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                           FIR/ORDER) NO. 27041 of 2016

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                                                  MITHABHAI PANCHABHAI DHEDHI
                                                              Versus
                                                     STATE OF GUJARAT & ANR.
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                       Appearance:
                       VMP LEGAL(7210) for the Applicant(s) No. 1
                       ADVOCATE NOTICE UNSERVED for the Respondent(s) No. 2
                       MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
                       No. 1
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                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                           Date : 19/09/2025

                                                            ORAL ORDER

1. By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner has prayed for quashing and setting aside proceedings of Criminal Inquiry Case No.59 of 1993 culminated into Criminal Case No.5193 of 1993 pending before the learned CJM, Rajkot.

2. Brief facts of the case are as under:-

2.1 The respondent No.2 and his wife Naynaben Sureshbhai Bhatt are the Trustees of the Trust known as "Navnirman Kelavani Mandal" which was running school in the name of "Infant Primary School".

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2.2 The petitioner was serving as a teacher in the said school in Gujarati Section. The trustees were paying less salary in cash compared to the amount stated in the salary statement regarding the receipt of the salary. Therefore, a grievance was raised by all the teachers due to which the petitioner apprehended that he would be terminated from service.

2.3 Under the circumstances, the petitioner was compelled to institute Civil Suit No.966 of 1983 on 12/10/1983 before the Civil Court at Rajkot.

2.4 Ultimately, the trustees terminated the services of various teachers including the petitioners by a telegram dated 22/12/1983.

2.5 In view thereof, the petitioner was constrained to file Civil Suit No.1252 of 1983 on 31/12/1983. In the said suit, by an ex-parte order on injunction application, the trustees were restrained from implementing the termination order and to pay the salary.

2.6 That, other teachers also instituted Civil Suit No.98 of 1984 against the said Trust and its trustees. However, the trustees including the complainant herein did not allow the petitioner to carry on its duty as teacher and the trustees and failed to pay any salary to the petitioner and other teachers.

2.7 Subsequently, the trustees filed petition being Writ Petition No.13175 of 1983 before the Honourable Supreme

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Court for setting aside the amended Rules and Schedule "F" of Bombay Primary Education Rules. The said Rules were stayed by an order dated 28/11/1983. In view of the stay of the Rules, the trustees including the complainant herein raised a contention before the Civil Court in the above suit filed by the petitioner that the suit cannot be entertained as there is no relationship of Master and Servant between the petitioner and trustees.

2.8 In view thereof, an application being Application No.6201 and 6202 as well as 10023 of 1984 were filed before the Honourable Supreme Court to be joined as a party and to vacate or modify the stay and to restrain the trustees from disallowing the petitioner from carrying out the services.

2.9 All these applications were heard on 23/04/1984 wherein the Honourable Supreme Court was pleased to allow the application for joining parties and directed to pay the salary up to 30/04/1984 so that the injunction application before the civil court can be heard as if there is no stay granted by the Honourable Supreme Court against the amended Rules of Bombay Primary Education Rules.

2.10 That, the trust through its Advocate paid salary for the month of June and July 1984 by giving the Cheque on 24/08/1984 to the Advocate of the petitioner which fact is recorded by a pursis dated 24/08/1984 filed before the Civil Court at Exh. 117. Ultimately, the injunction. application was allowed by the civil court by an order dated 30/11/1984.

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2.11 The said order was not implemented and the Trustees did not pay any salary to the petitioner from the month of September, 1984. The contempt proceedings were initiated for breach of the order before the Civil Court wherein the Civil Court passed an order for punishment of three months to the complainant as well as his wife Naynaben Bhatt against which proceedings were filed before this Honourable Court wherein apology was accepted by this Honourable Court.

2.12 In the above circumstances, the petitioner was not allowed to continue in service nor was he paid any salary. Therefore, the petitioner had applied for service with District Primary Education Office. That, the petitioner was temporarily appointed by an order dated 23/11/1984 on a monthly pay of Rs.325/- so that he would be in a position to maintain himself and his family.

2.13 In the meantime, the recognition of the school of the trustee was cancelled by an order dated 15/12/1986 passed by the Rajkot City Primary Education Committee. That, the Gujarat Section was closed in the year 1986 and English Section was closed in the year 1998. The petitioner states that, out of vengeance as well as with a malafide intention, the complainant filed Criminal Complaint being Inquiry Case No.59 of 1993 on 25/01/1993 before the CJM for the alleged offence under Section 199, 420 and 471 of I.P.C. alleging that the petitioner was serving at two places during one period and was drawing the salary.

2.14 The CJM passed an order dated 25/01/1993 for inquiry

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under Section 156 (3) of the Cr. P.C. and to submit report.

2.15 Thereafter, the complainant filed an application dated 16/03/1993 inter alia praying to recall the papers from the police authorities as it would cause delay and in view of the fact that the complainant was ready to give evidence before the court.

2.16 In view of the above application, the Investigating Officer submitted the papers to the CJM on 28/03/1993.

2.17 Thereafter, CJM passed an order dated 01/06/1993 to carryout inquiry under Section 202 of Cr. P.C. The statement of the complainant was recorded on 27/10/1993.

2.18 The cognizance was taken by the court and summons were issued and the case was registered as Criminal Case No.5193 of 1993 by an order dated 19/11/1993.

2.19 Simultaneously, the complainant and his wife viz. Naynaben Sureshbhai Bhatt made representation to District Primary Education Officer to file a complaint regarding the act of the petitioner of serving at two places at one time. In view thereof, District Primary Education Officer filed complaint dated 18/09/1995 before the Chief Judicial Magistrate at Amreli wherein an order for inquiry under Section 156 (3) of the Cr. P.C. was passed and the case was numbered as M. Case No. 43 of 1995.

2.20 The Investigating Officer submitted "C" Summary before

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the CJM at Amreli.

2.21 Against which objections dated 27/03/1997 were filed by one of the trustee viz. Naynaben Sureshbhai Bhatt who is also wife of the complainant.

2.22 In the said proceedings, the court then passed an order dated 25/05/1997 for inquiry to be conducted by Dy. S.P. Ultimately, charge sheet was filed on 10/09/1999 which was numbered as Charge Sheet No.20 of 1999.

2.23 The CJM at Rajkot passed an order allowing an application Exh.30 dated 16/05/1997 filed by the complainant in the complaint at Rajkot interalia requesting to allow to examine the witness.

2.24 Thereafter, the CJM, Rajkot by an order dated 10/12/1998 suspended the proceedings under Section 210 of Cr. P.C. and called for a report regarding the inquiry proceedings in M. Case No.18 of 1993 at Amreli.

2.25 The Sessions Court at Rajkot passed an order in Criminal Revision Application No.186 of 1998 filed by the complainant challenging the order dated 10/12/1998. The Sessions Court was pleased to set aside the order dated 19/11/1993 passed by the CJM, Rajkot taking cognizance under Section 202. In view thereof, all the subsequent orders passed in M. Case No.59 of 1993 did not survive.

2.26 In the complaint at Amreli, the petitioner filed an

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application Exh.27 dated 21/01/2000 interalia praying for discharge from the said proceedings.

2.27 The CJM at Amreli by an order dated 04/05/2000 was pleased to discharge the petitioner under Section 239 of the Cr. P.C. giving finding on merits that no case is made out considering the material on record.

2.28 The said order was challenged by State of Gujarat by way of Criminal Revision Application No.285 of 2000 which was rejected by an order dated 23/04/2009 passed by this Honourable Court.

2.29 In view of the above, the petitioner is acquitted which fact is known to the complainant. Despite the said fact, the complainant filed an application Exh.56 dated 01/03/2014 interalia seeking an order for inquiry under Section 156 (3) and submit a report in M. Case No. 18 of 1993 before C.J.M. at Rajkot.

2.30 The said application Exh.56 was allowed by an order dated 01/03/2014 and P.I. was directed to submit a report.

2.31 In pursuance thereto, the P.I. filed a report dated 29/04/2015 at Exh.61 disclosing the proceedings of similar and identical complaint before the CJM at Amreli arising from the same transaction and requested to pass appropriate orders.

2.32 With a view to see that, the petitioner is harassed, the

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complainant filed an application Exh.65 dated 20/07/2015 making allegations against the police authorities and seeking appropriate orders against them.

2.33 That, the CJM, Rajkot passed an order dated 23/08/2016 directing the 1.0. to make an inquiry under Section 156 (3) and submit a report within 30 days.

2.34 Hence, the present petition.

3. Learned advocate for the petitioner would submit that first private complaint was filed by Sureshbhai Bhatt being a trustee of the Trust known as "Navnirman Kelavani Mandal"

which was running school in the name of "Infant Primary School" before the learned CJM, Rajkot, which was registered as Criminal Inquiry Case No.59 of 1992. He would further submit that thereafter, the complainant was intended to withdraw the complaint. However, the learned trial Court has sent the matter for investigation u/s 156(3) of the Code. He would further submit that thereafter, the learned trial Court has kept the matter under inquiry u/s 202 of the Code and issued summons. The Criminal Revision Application therefore, was preferred before the learned Sessions Court, Rajkot vide Criminal Revision Application No.186 of 1998, whereby the learned Sessions Court set aside the order passed by the learned trial Court for issuance of process dated 19.11.1993. He would further submit that thereafter, the complaint should have been disposed of as the order of issuance of process has been quashed and set aside by the learned Sessions Court. He would further submit that

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thereafter, another order was passed on 10.12.1998 by the learned trial Court staying the proceedings u/s 210 of the Code and a report has been called by the learned trial Court from the police in regards to the investigation carried out in M.Case No.18 of 1993, which was registered pursuant to previous order, whereby the learned trial Court has sent the matter for investigation u/s 156(3) of the Code.

3.1 Learned advocate Mr. Vimal Patel would further submit that for the same offence, another complaint was filed against the petitioner by the District Primary Education Officer before the learned CJM, Amreli which was registered as Criminal Case No.43 of 1995. Process was also issued in said Criminal Case and therefore, the petitioner preferred discharge application Exh.27 in said Criminal Case. The discharge application was allowed by the learned Addl. CJM, Amreli, which was challenged before this Court by way of filing Criminal Revision Application No.285 of 2000. The Coordinate Bench of this Court has confirmed the order of discharge passed by the learned trial Court by order dated 23.4.2009.

3.2 Learned advocate Mr. Vimal Patel referring to the judgment of the Hon'ble Apex Court in case of Babubhai Vs. State of Gujarat and others, (2010) 12 SCC 254 would submit that taste of sameness applies to the case on hand. He would further submit that two different complaints have been filed in respect of same transaction and since of the applications has already been disposed of in favour of the petitioner, now continuation of proceedings of impugned Criminal Case is abuse of process of law.

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3.3 Learned advocate Mr. Vimal Patel also referring to the report filed by the investigating officer at page 71 would submit that even as per the assessment of the investigating officer, two similar FIRs/complaints have been filed and they cannot be sustained.

3.4 Upon above submissions, Learned advocate Mr. Vimal Patel requests the Court to allow the petition.

4. Per contra, learned APP having referred to the report filed by the PSI, Pradyumannagar Police Station, Rajkot prays to pass necessary orders.

5. It is noticeable that two different complaints have been filed against the petitioner on same set of allegations with similar words. In the first complaint filed before the learned CJM, Rajkot, initially, the order of investigation u/s 156(3) of the Code was passed, but later on, the Court switched back and passed an order u/s 202 of the Code to conduct inquiry by itself. Latter order was challenged before the learned Sessions Court by filing Criminal Revision Application No.186 of 1998. The learned Sessions Court turned down the latter order and hence, previous order of sending criminal complaint for police investigation u/s 156(3) of the Code is sustained. The report of the police in M.Case was therefore, called. Meanwhile, the District Primary Education Officer for very allegations preferred criminal complaint before the learned CJM, Amreli, whereby the Court has taken cognizance and issued process against the petitioner. The discharge

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application was preferred at Exh.27, which was allowed. Being aggrieved by said order of discharge, the State has preferred Criminal Revision Application No.285 of 2000 before this Court unsuccessfully, as the Coordinate Bench of this Court has confirmed the order of discharge passed by the learned trial Court discharging the petitioner from the identical allegations.

6. In view of above, considering the surrounding facts and chequered history, the reasons and ratio applied in case of Babubhai (supra) squarely applies to the facts of the present case and therefore, present petition deserves consideration.

7. In the result, present petition is allowed and proceedings of Criminal Inquiry Case No.59 of 1993 culminated into Criminal Case No.5193 of 1993 pending before the learned CJM, Rajkot are hereby quashed and set aside qua the petitioner herein. Rule made absolute to the aforesaid extent.