Vinitkakubhai Thakker & vs State Of Gujarat & 2 on 18 August, 2017

R/CR.MA/20562/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 20562 of 2017
In CRIMINAL MISC.APPLICATION NO. 22937 of 2015

VINITKAKUBHAI THAKKER 1….Applicant(s)
Versus
STATE OF GUJARAT 2….Respondent(s)

Appearance:
MR ASIM J PANDYA, ADVOCATE for the Applicant(s) No. 1 – 2
MR HK PATEL, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 18/08/2017

ORAL ORDER

1. RULE. Learned Additional Public Prosecutor Mr. H.K.

Patel waives service of notice of Rule on behalf of the

respondent State.

2. This application is filed for quashing of the warrants which

are issued in Criminal Case No.7850/2012 by the Court of

the learned Chief Judicial Magistrate First Class

(Municipal), Rajkot. Criminal Case No.7850/2012 is in

connection with First Information Report being I-C.R.

No.43/2011 registered with Rajkot Mahila Police Station

Page 1 of 4

HC-NIC Page 1 of 4 Created On Tue Aug 22 11:02:28 IST 2017
R/CR.MA/20562/2017 ORDER

on 26.10.2011 for the offences punishable under Sections

406, 498(A) and 114 of the Indian Penal Code.

3. Learned Advocate for the applicant submits that the

applicant had filed Criminal Miscellaneous Application

No.22937/2015 before this Court and this Court by an

order dated 07.12.2015 had granted ad-interim relief in

terms of Paragraph 8(C) of the application.

4. Learned Advocate for the applicant submits that despite

the stay on the proceedings in the main application, the

Court of the learned Chief Judicial Magistrate First Class

has issued bailable warrants which was sought to be

served through the local Police Station at Mumbai and

again on 03.08.2017, the applicant had to furnish bail and

surety to the tune of Rs.3,000/ in response to such

bailable warrants. He submits that again the bailable

warrant is issued which is made returnable on 19.08.2017.

It is further submitted that issuance of bailable warrant is

in clear breach of the ad-interim stay granted on further

proceedings in connection with the aforementioned

criminal case.

5. I have gone through the pleadings in the application and

Page 2 of 4

HC-NIC Page 2 of 4 Created On Tue Aug 22 11:02:28 IST 2017
R/CR.MA/20562/2017 ORDER

the order dated 07.12.2015 passed by this Court granting

ad-interim relief in terms of Paragraph 8(c) which reads as

under :-

“8.C. Pending admission, hearing and final disposal
of this petition, this Hon’ble Court may be pleased to
stay the further proceedings against the present
petitioners in pursuant to the Charge-sheet
No.30/2012 filed by the Investigating Officer for the
offences punishable under section 406, 498A and 114
of the IPC pursuant to the FIR No.I43/2011 filed by
the Respondent No.2 before the Mahila Police
Station, Rajkot Dt. 26/10/2011;”

6. It is abundantly clear that the order of this Court was for

stay of further proceedings in connection with the

aforementioned case and therefore, issuance of warrants

was unwarranted.

7. In view of the aforesaid, the warrants issued against the

applicants – Vinit Thakker and Sheetal Vinitbhai Thakkar

by the Court of the learned Chief Judicial Magistrate First

Class (Municipal) in Criminal Case No.7850/2012 is

ordered to be quashed.

8. While ordering quashing of such warrants, it would be

appropriate to direct the learned District and Sessions

Judge to enquire into the circumstances of issuance of such

warrants, despite the order of stay of further proceedings

Page 3 of 4

HC-NIC Page 3 of 4 Created On Tue Aug 22 11:02:28 IST 2017
R/CR.MA/20562/2017 ORDER

by this Court and a Report be maintained on the file of the

learned District and Sessions Judge.

9. The application stands disposed of in the aforesaid terms.

Rule made absolute. Direct Service is permitted.

Sd/-

(A.Y. KOGJE, J.)
Caroline

Page 4 of 4

HC-NIC Page 4 of 4 Created On Tue Aug 22 11:02:28 IST 2017

Leave a Comment

Your email address will not be published. Required fields are marked *