R/SCR.A/9002/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 9002 of 2017
MONIKA D/O BHAGVANDAS BANSILAL BHAT….Applicant(s)
Versus
BHAGWANDAS BANSILAL BHATT 1….Respondent(s)
Appearance:
MR DIPAK H SINDHI, ADVOCATE for the Applicant(s) No. 1
MS MOXA THAKKAR, APP for the Respondent(s) No. 2
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 21/12/2017
ORAL ORDER
1 By this writ application under Article 226 of the Constitution of
India, the writ applicant has prayed for the following reliefs:
“7[A] Your Lordships may be pleased to admit and allow the present
petition;
[B] Your Lordships may be pleased to issue appropriate writ, order or
direction, expediting the proceedings of the Criminal Misc. Application
NO.756 of 2010 pending before Ld. 5th J.M.F.C., Gandhingar at
Gandhinagar wherein the petitioner a 100% blind female daughter is
seeking maintenance u/s. 125 of CRPC for survival from her 40%
handicap father who is doing business of rubber moulding in the name
style ‘Asha Rubber Work’ at Chandkheda and earning about Rs.50,000/
per month which can be easily established from his account maintained
with Canara Bank, Sabarmati Branch, as the matter is pending since more
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R/SCR.A/9002/2017 ORDER
than 7 years, and the petitioner is starving without maintenance and she
has been indebted as she had to attend the court at Gandhinagar for 99
times, and now the matter will be listed for 100 th time kept on
07/01/2018, and be pleased to pass order to decide and dispose of the
same within a time bound period;
[c] Your Lordships may be pleased to grant such other and further
relief, as are deemed just, fit and proper and necessary.”
2 On 4th December 2017, this Court passed the following reliefs:
“1. By this writ application under Article 226 of the Constitution of India,
the writ applicant has prayed for the following reliefs;
“(A) Your Lordship may be pleased to admit and allow the present
petition.
(B) Your Lordship may be pleased to issue appropriate writ, order
or direction, expediting the proceedings of the Criminal Misc.
Application No.756 of 2010 pending before Ld. 5th J.M.F.C.,
Gandhinagar at Gandhinagar wherein the petitioner a 100% blind
female daughter is seeking maintenance u/s. 125 of CRPC for
survival from her 40% handicap father who is doing business of
rubber molding in the name style Asha Rubber Work at
Chandkheda and earning about Rs. 50,000/ per month which can
be easily established from his account maintained with Canara
Bank, Sabarmati Branch, as the matter is pending since more than
7 years, and the petitioner is starving without maintenance and she
has taken indebted as she had to attend the court at Gandhinagar
for 99 times, and now the matter will be listed for 100th time kept
on 07.01.2018, and be pleased to pass order to decide and dispose
of the same within a time bound period.
(C ) Your Lordship may be pleased to grant such other and further
relief, as are deemed just, fit, proper and necessary.”
2. The writ applicant is 100% blind. The father of the writ applicant is
handicapped by 40%. It appears that she has initiated proceedings for
maintenance by filing the Criminal Misc. Application No.756 of 2010
pending before the 5th Judicial Magistrate, First Class, Gandhinagar.
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3. I fail to understand why these proceedings are pending without any orders
past seven years.
4. The Registry is directed to call for the report of the 5th Judicial Magistrate,
First Class, Gandhinagar as regards the status of the Criminal Misc.
Application No.756 of 2010 so as to reach this Court within a period of
one week from today.
5. Post the matter on 15.12.2017.”
3 Pursuant to the order passed by this Court, the 5th Judicial
Magistrate First Class, Gandhinagar has forwarded his report as regards
the status of the Criminal Miscellaneous Application No.756 of 2010
filed by the applicant herein for maintenance under Section 125 of the
Code of Criminal Procedure, 1973. The report of the Court concerned is
here before this Court, which reads as under:
“Outward No.442 Date: 12.12.2017
From:
Parekh Ranjit B.,
6th Additional Civil Judge
Judicial Magistrate First Class,
Gandhinagar District Court,
Gandhinagar.
To,
The Hon’ble Registrar General,
High Court of Gujarat,
Sola, Ahmedabad.
Though: (1) The Hon’ble Principal District Judge, District Court,
Gandhinagar.
Through : (2) The Hon’ble Principal Senior Civil Judge, Gandhinagar
District Court.
Subject: Status Report of Criminal Misc. Application 756/2010.
Reference : Special Criminal Application (Direction) NO.9002 of 2017
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pending before HONOURABLE MR. JUSTICE J.B. PARDIWALA.
Respected Sir,
With reference to the captioned subject reference, I humbly and
most respectfully submit before Your Lordship that,
1 Criminal Misc. Application NO.756/2010 is transferred to me
along with another Cr.M.A. No.701/2015 and Cr.M.A. 11/2015 which is
connected matters, as on dtd. 31.07.2017 by officer order of Principal
District Court wide No.CRI/TRANS/68/2017. I have received physical file
as on dtd.02.08.2017 from Hon’ble Chief Judicial Magistrate,
Gandhinagar. In which, Hon’ble Chief Judicial Magistrate, Gandhinagar
has put down his serious note in roznama about serious allegation against
Chief Judicial Magistrate, Gandhinagar by brother of applicant Monila
Bhati. At this juncture, Your Kindness may request to note that both the
parties of Criminal Misc. Application no.756/2010, has drawn closing
pursis as on dtd.21.07.2017 wide exhibit no.143 144 respectively.
Thereafter, Hon’ble Chief Judicial magistrate has fixed short time for final
hearing. mate is fixed as on 24.07.2017 26.07.2017). As on
dtd.24.07.2017, Applicant failed to remain present before Hon’ble Chief
Judicial Magistrate, Gandhinagar and C.J.M has conducted this trial
expeditiously according to law and proceeded with the matter but her
brother Shri Mahesh bhagwandas bhati has leveled serious allegation
against Hon’ble Chief Judicial Magistrate, Gandhinagar, therefore this
matter is transferred to me (In the 5th Addition Civil Court) by Hon’ble
Principal District Judge.
2. At the moment, I have received this criminal Misc. Application
No.756/2010, and on the same day put on board for hearing of the
parties but neither applicant nor her Advocate Smt. Hetal K. Barot
remained present for hearing of this case. Therefore, I have told to the
advocates of Gandhinagar Bar association appearing before this court on
dtd.02.08.2017, to keep applicant’s Advocate H.K. Barot present as on the
first day of hearing. One of the Advocate of Gandhinagar Bar Association,
named Shri V.P. Baxi has given phone call to Smt. H.K. Barot to conduct
the case but she has told that she was unable to remain present for some
personal reason and she has not produced any report for adjournment.
Therefore, matter was fixed for final argument for this Criminal Misc.
Application as on dtd.30.10.2017
3. Thereafter, due to illness of my one year old Daughter, I was on Casual
Leave and could not attend court on dtd.30.10.2017 and matter was fixed
as on dtd. 16.11.2017 by board clerk.
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4. As on dtd.16.11.2017, Applicant Kumari Monika Bhati remained
present along with her mother but her advocate Smt. Hetal Barot
remained absent for argument of this Matter and her Junior Advocate told
to court that Smt. H.K. Barot, Advocate of applicant is not able to remain
present today and seeking date for final hearing of this criminal Misc.
Application. I told to Junior Advocate for production of Adjournment
application but she has not given any application and left this court
without any report. Therefore, matter is fixed for hearing of both parties
as on dtd.05.01.2018 and conduct of the applicant’s advocate was also
noted down in roznama about her absence and non production of any
report.
5. Before that period of time mentioned in above para no.4, This Criminal
Misc. Application no.756/2010 was transferred to me as on
dtd.17.10.2015 by office order of Hon’ble District Court and I was
conducting trial in accordance with law. At that time, applicant has filed
an application before Hon’ble Principal District Judge, Gandhinagar to
transfer this matter levelling serious allegation against me and matter got
transferred to Hon’ble 4th Additional Senior Civil Judge, Gandhinagar wide
No.16/16 of Sessions Court dtd. 03.03.2016.
6 As per the record of this Cr.M.A. 756/2010, applicant and her
brother Shri Mahesh Bhagwandas Bhati is going to file transfer
application, repeatedly before District Court by levelling allegations
against the Judicial Officers which are as follows:
Transfer from Court Transfer to Court Date of transfer
K.G. Rana, CJM R.B. Parekh, 6th ACJ 17.10.2015
R.B. Parekh, 6th ACJ S.K. Vays, 4th ACJM ‘03.03.2015
S.K. Vyas, 4th ACJM K.G. Rana, CJM 30.04.2016
D.C. Trivedi, CJM R.B. Parekh, 5th ACJ ‘02.08.2017
7 As per the record of this Cr.M.A. No.756/2010, applicant has
appointed / changed following advocate either from DLSA or private.
Name of advocate Date of filing application
1. M.S. Desai At the time of filing
application
2. Application for legal aid and B.C. Bhavsar, ‘07.01.2012
DLSA, Gandhinagar
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3. Viral Patel and V.M. Vagheal, Adv ‘05.05.2012
4. Satish D. Bharwad, Adv ‘03.11.2012
5. B.N. Bhagora, DLSA, GNDR ‘03.03.2014
6. Application to change B.N. Bhagora, Adv. ‘22.06.2015
DLSA, GNDR
7. Yogesh H. Soni, Advocate ‘04.07.2015
8.G. Prajapati, Advocate ‘25.11.2016
9H.K. Barot A.N. Patel, Adv ‘17.06.2017
8 Hon’ble High Court of Gujarat in Special Criminal Application
(Quashing) No.3226/2014 has pleased to confirm the order of revision
court allowing maintenance of father of present applicant against her
brother Mahesh Bhagwandas Bhati, which amount to Rs.2000/ per
month as on dtd. 19.12.2014 but applicant has wrongly submitted the
fact that her father is earning Rs.50,000/ per month in her present
application before Hon’ble High Court. (Exhibit 132 of R P).
9 As per the record of this Cr.M.A. No.756/2010, applicant and her
brother Shri Mahesh Bhagwandas Bhati pressurizes for tarnishing image
of Judges for his/her ulterior motive.
10 As per record of this Cr.M.A. No.756/2010, this matter is fixed for
final argument of applicant but neither her advocate H.K. Barot remained
present nor she has filed any adjournment application, therefore matter is
fixed for final argument of applicant as well as respondent. Ultimately,
this matter is fixed as on dtd. 05.01.2018.
I assure your Kindness that in the present application,, every Judge has
tried to protect right of parties to this application and afford reasonable
opportunity of being heard.
4 It appears on plain reading of the report that it is the applicant,
who has created trouble for herself. It appears that she kept on levelling
allegations against the Presiding Officers. It also appears that she kept
on filing applications for transfer of the proceedings to any other Court.
It also appears that on many occasions, her lawyer had not remained
present.
5 Be that as it may, I intend to give one last opportunity to the
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R/SCR.A/9002/2017 ORDERapplicant to proceed with the matter pending before the Court
concerned.6 Mr. Sindhi, the learned counsel appearing for the applicant
submitted that the applicant shall not level any allegation henceforth
against any of the Presiding Officers and will fully cooperate for the final
disposal of the application filed by her seeking maintenance from her
father.7 With a view to give one last opportunity to the applicant, I direct
the 6th Additional Civil Judge and J.M.F.C, Gandhinagar to take up the
Criminal Miscellaneous Application No.756 of 2010 for hearing and
dispose it of in accordance with law within a period of six weeks from
the date of receipt of this order. The applicant shall extend full
cooperation for effective disposal of the maintenance application.8 With the above, this application is disposed of. Direct service is
permitted.(J.B.PARDIWALA, J.)
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