TaxTMI 
TaxTMI 
2024 (8) TMI 1594
X X X X Extracts X X X X
X X X X Extracts X X X X
...., AOR. JUDGMENT BY THE COURT Contempt Petition(Civil) No(s). ..........of 2024(D.No. 1106 of 2024) in SLP(Crl.) No(s). 14489 of 2023 1. The instant petition under Section 12 of the Contempt of Courts Act, 1971 read with Article 129 of the Constitution of India has been filed by the petitioner alleging wilful disobedience by the respondents-contemnors of the order dated 8th December, 2023 passed by this Court in SLP(Crl.) No. 14489 of 2023. Brief facts: - 2. The petitioner, along with other co-accused, was arraigned as an accused in FIR No. 11210068230266 dated 21st July, 2023 filed by the contemnor-respondent No. 6 herein(the complainant), with an allegation that the petitioner had received a sum of Rs. 1.65 crores in cash from the complainant towards the sale of 15 shops but the possession thereof was not handed over to the complainant despite the assurance given by the accused at the time of entering into an oral agreement. 3. The petitioner, apprehending his arrest in connection with the said FIR, sought anticipatory bail from the Sessions Court, which was denied whereafter, an application for anticipatory bail was filed before the Hig....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... reference: - "NOTICE It is hereby given to you this notice in written form that, for the matter of offence committed u/s. 420, 120(b) of Indian Penal Code registered before Vesu Police Station vide Part-A- 11210068230366/2023 Complainant Abhishek Vinodkumar Goswami aged: 28 years, occupation: Business Real Estate Residing at C/405, Surya Palace, Ct Light, Surat City Mobile No 9879215044 filed a complaint against you and others for which you are remained present as per order passed by Hon'ble Supreme Court of India in the matter of Special Leave Application No. 14489/2023 on 08/12/2023 and you were arrested on 11/12/2023 at 2100 hrs and thereafter, released on bail on basis of the order of the court. During course of investigation proceedings of the offence, you are hereby informed to remain in(sic) present by yourself or through your advocate on 13/12/2023 at 1500 hrs before 5th Additional Senior Civil Judge and ACJM Surat Court No 608, New Court Building, Athwalines Surat for the matter of remand which please note seriously. Date 12/12/2023 R.Y. Raval Police Inspector Vesu Police Station Surat City To, Tushar Rajnikant....
X X X X Extracts X X X X
X X X X Extracts X X X X
....even years in which the main role played by the present accused and total of 15 shops were shown to be present along with Accused No. Sumit Goyenka and gave the information that he is the builder and accordingly the Complainant and witness obtained A sum of Rs. 1,65,00,000/- as consideration and also by way of cheque a sum of Rs. 54,00,000/- also obtained and in that regard accused no.5, 6 and 7 given payment Diaries and then planned delinquency by the accused Conspirator committed the offense of cheating [deception] fraud. According to the ground for remand, they submit that the main accused has taken total of 9 cheques from the complainant which cheques are important for the present matter and same are required to be collected for the purpose of investigation proceedings. Recovery of Rs. 1,65,00,000/- is pending and in furtherance, addition of other offence of Umra Police Station First Criminal Register No 62/2019 for offence committed u/s. 447, 448, 451, 427, 114 of Indian Penal Code is registered and accordingly, accused person having criminal history and does not cooperate with police investigations The other co-accused are absconding, and hence, request....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nt, it is prima facie evident on the record that the present accused has been dealt with other co- accused, the prime of the present matter. Accused Sumit Goenka is yet to be arrested, other accused are yet to be arrested, police investigation is pending in that direction. In the present matter it is pending investigation as to which accused took the paid compensation of the project property; the main accused has admitted in his statement that the diary was written by him. So, it becomes clear that their criminal role is there and if we note the extreme importance, in the present matter the prosecution has made serious allegations of pre- planned and criminal conspiracy, then a thorough investigation is pending in that regard. In the present matter it becomes necessary to bring the modus operandi of the accused on record. At this stage, it is to be noted that in the present time, the amount of offence related to property like land and houses has increased, in which most of the builder level people are also involved, while in the present matter, there is a deal of 15 shops, so the compensation amount is Rs. 1,65,00,000/- paid, thorough investigation of the offence becomes nece....
X X X X Extracts X X X X
X X X X Extracts X X X X
....spondent No. 7 to move a regular bail application under Section 437 CrPC which was objected to by the learned Assistant Public Prosecutor(in short 'APP'). The 6th ACJM(contemnor-respondent No. 7) proceeded to allow the application for bail vide order dated 16th December, 2023. 9. On 16th December, 2023, when the petitioner was presented before the 6th ACJM(contemnor-respondent No. 7) at the end of the remand period, he made a complaint regarding torture in police custody which fact was noted by the 6th ACJM(contemnor- respondent No. 7) in the order sheet dated 16th December, 2023. The 6th ACJM(contemnor-respondent No. 7) proceeded to record the statement of the petitioner virtually as if he was being cross- examined. She also undertook an exercise of self-observation of the legs of the accused-petitioner and made a remark in the proceeding sheet that no signs of beating were visible thereupon. These proceedings are relevant to the issue at hand in a limited sphere and thus, the same are reproduced hereinbelow for the sake of ready reference:- "My name is Tushar Rajnikant Shah, I am 43 years old. I want to say many things, but my mental cond....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hich was handed over to the accused by the police. It is the submission of the accused that he had not been provided with food on the day when he went on remand. Even if the statement of the accused is to be noted and believed to be correct, it could not be possible that after beaten with the belt, as alleged, the accused could stand properly on his leg today. Therefore, the statement made by him that he has not been provided with food cannot be believed. The accused in the beginning had stated that, he has a lot of things to say but due his mental condition, he has not been able to express everything clearly. However, it is peculiar to note that during the aforesaid statement made by the accused, he was frequently looking at his Ld. Advocate while giving reply due to which the accused was asked that, "why are you looking at your Advocate and giving reply, ill-treatment is done with you then you must be aware what has happened and it is you who have to give your statement." Thereafter, he has given his statement. The accused has not complained that he is mentally tortured. At this stage, it is notable to mention that the accused is working as a builder having a reputation in societ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d therefore, sanction to prosecute was not required under Section 197 CrPC. The complaint was kept for verification on 3rd January, 2024. 12. Later, the 6th ACJM(contemnor-respondent No. 7) took up the complaint and proceeded to reject the same vide order dated 6th January, 2024 without recording the statements of the complainant and his witnesses as mandated by Sections 200 and 202 CrPC. The contents of this order are also considered germane for the purpose of adjudication of the instant contempt petition since the same has a direct bearing upon the conduct of contemnor-respondent No. 7 and hence, the same are being reproduced hereinbelow for the sake of ready reference: - "Criminal Inquiry No. 280/2023 ORDER BELOW EX-1 1. The said private complaint is filed by complainant Tushar Rajnikant Shah against police officers u/s 323, 342, 344, 363, 384, 504, 506(2), 120(b) of IPC. It is submitted in complainants application that against him in Vesu Police Station A-part CR No. 11210068230266/23 is filed u/s 420, 120(b) on date 21.7.2023 wherein he was mentioned as accused no. 4. Investigation officer has taken his statement. The complainant has fil....
X X X X Extracts X X X X
X X X X Extracts X X X X
....said original case i.e. Vesu Police Station A-part CR No. 11210068230266/23 medical checkup produced it is clearly mentioned that on body portion of the said accused no apparent injury is there. Further it is notable that he during checkup ha not submitted to the Doctor that he has been assaulted. And in reference to the question he has stated that, " I am not allowed to speak such", but at that time the said complaint accused paikee which accused did not allow him to speak such, no such facts are stated. Thereafter he was clearly asked that on completion of remand and on producing in this Court he has stated his facts willingly as per his desire which is replied by him in affirmative. Thereafter he was asked that this Court has at the same time ask him to sit down and checked his bottom of the legs but no signs of beating was found such is stated and he gave his reply in affirmative. Thus, said verification considering entirely with the complaint in Vesu Police Station A-part CR No. 11210068230266/23, the accused has filed ill-treatment complaint and therefore in the present separately given complaint nothing remains to be done. Main notable facts is such that in medica....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tnesses and when in-charge Magistrate has directed the complainant to remain present with his witnesses and the witnesses were present before the learned Magistrate, learned Magistrate without giving any reasons for not recording the statements of the witnesses has dismissed the complaint which is illegal and improper. That if the statements of the witnesses were recorded, learned Magistrate could have applied her mind and form the judgment whether there is sufficient ground for proceeding against the accused or not. That learned Magistrate has acted erroneously and has passed the impugned order which is illegal and improper and hence, the same is required to be set aside. 12. On perusal of the impugned order, it appears that the complainant was directed to remain present with his witnesses and as per the submission of the learned senior advocate for the applicant, witnesses were present before the learned Magistrate, but their statements have not been recorded. No reasons have been given by the learned Magistrate for non- recording of the statements of the witnesses and hence, the applicant original complainant has not been given full opportunity for putting up his case b....
X X X X Extracts X X X X
X X X X Extracts X X X X
....emand of the petitioner because such course of action resulted into fresh arrest of the petitioner which is clearly in teeth of the order passed by this Court. 18.4 That a pertinent objection was raised before the 6th ACJM(contemnor-respondent No. 7) that there was no scope for granting police custody remand of the petitioner in view of this Court's order, but the 6th ACJM No. 6(contemnor-respondent No. 7) totally glossed over the interim order passed by this Court and granted 3 days' police custody remand of the petitioner by assigning a totally flimsy justification that this Court had not precluded the Investigating Officer from seeking police custody remand of the petitioner nor was the Magistrate prohibited from exercising such power. In support of the submission that there was no scope to remand the petitioner to police custody, learned senior counsel for the petitioner placed reliance on the judgment passed by this Court in the case of Siddhram Satlingappa Mhetre v. State of Maharashtra [2011) 1 SCC 694]. 18.5 He urged that in spite of the interim order of anticipatory bail granted by this Court being in currency, the petitioner was not released from c....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e that an inquiry was initiated in this regard. 18.9 That the Commissioner of Police, Surat (contemnor-respondent No. 2) has admitted in his affidavit that CCTV cameras installed at Vesu Police Station by a private agency were not functional and this fact was brought to notice of Mr. R.Y. Raval, Police Inspector(contemnor-respondent No. 4) by the PSO in charge on 21st December, 2023. He contended that the clear omission and negligence on part of the concerned police officials in not ensuring the functioning of the CCTV cameras is in sheer disobedience of the mandate of this Court's judgment in the case of Paramvir Singh Saini v. Baljit Singh and Another [(2021) 1 SCC 184]. 18.10 That as per the reply affidavit filed by the Commissioner of Police, Surat(contemnor-respondent No. 2), the FSL examination carried out on the internal storage(hard disk) and the DVR reveals that the CCTV footage of Vesu Police Station from 13th December, 2023 to 16th December, 2023 was not found in hard disk which clearly establishes that the police officials had tampered with the DVR and deleted the data saved between 13th December, 2023 to 16th December, 2023, in order to destroy ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....arat [2014 SCC OnLine Guj 14451], have been following a consistent practice of incorporating a condition in the orders granting anticipatory bail that the Investigating Officer would be entitled to seek police custody remand of the accused as and when required. In Sunilbhai Sudhirbhai Kothari(supra), the reference was made to the Division Bench to answer the following question of law: - "Whether the Investigating Agency has power to get police custody under Section 167 of the Code of Criminal Procedure, 1973, when an accused is already granted bail under the provision of Section 438 of the Code of Criminal Procedure, 1973." The Division Bench answered the reference in affirmative and thus, there was no impediment for the Investigating Officer to have sought police custody remand of the petitioner and that the learned Magistrate was also acting well within the jurisdiction conferred upon her by CrPC while granting police remand of the petitioner. 20. The learned counsel representing the contemnor-respondent Nos. 2 to 7 submitted in cohesion that all the contemnors have tendered unconditional apology in their reply affidavits for the alleged contumacious acts. Th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the reply affidavit filed on behalf of the officer and urged that he was, in no manner, connected with the investigation of the subject FIR and thus he cannot be held responsible for the contumacious acts. She fervently contended that the contemnor-respondent No. 3 had no role to play either in the investigation of the case or the custodial torture allegedly meted out to the petitioner during the period of police custody. She also urged that no injuries were found on the person of the petitioner as per the medical report. 22.2 Regarding the issue of the non-functioning of the CCTV cameras in the Vesu Police Station, she submitted that the CCTV cameras had been installed some time back and were functional but there was some problem with the DVR storage not just during the 3 days of custodial period of the petitioner but was persisting since November, 2023. On these grounds, Ms. Bhati, learned ASG implored the Court to accept the unconditional apology filed on behalf of contemnor-respondent No. 3 and discharge the contempt notice issued to him. 23. Mr. K. Parameshwar, learned counsel appearing on behalf of Shri R.Y. Raval, Police Inspector(contemnor-respondent No.&nb....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ibuted the motive of colluding with the complainant. 23.8 That the cheques given by the complainant to the accused-petitioner were illegally retained and, the recovery thereof was imperative for fair investigation of the case and therefore, the Police Inspector had sought police custody remand of the petitioner herein in an absolutely bona fide and unbiased manner. 23.9 That the petitioner's claim of being tortured during the period of police custody is yet to be adjudicated in the complaint filed by the petitioner which is pending enquiry. 23.10 In addition to above, learned counsel submitted that contemnor-respondent No. 4 is already facing departmental proceedings in relation to these very allegations and hence, these contempt proceedings would tantamount to double jeopardy. On strength of the above submissions, learned counsel implored the Court to take a sympathetic view and discharge the contempt notice issued to contemnor-respondent No. 4. 24. Learned senior counsel, Mr. D.N. Ray, representing 6th ACJM No. 6(contemnor-respondent No. 7), at the outset, submitted that the judicial officer is having an impeccable service record. She had no i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....acts were recorded in the court order sheet as per the observations made during the course of judicial proceedings. The formal complaint was dismissed by the contemnor while exercising judicial discretion conferred upon a Magistrate by virtue of Section 203 CrPC. The order rejecting the complaint has already been set aside by the High Court and since the said complaint is sub judice, any expression by this Court on this issue may have an adverse reflection on the service record of the contemnor. 24.5 Mr. Ray reiterated that 6th ACJM(contemnor- respondent No. 7) was deluded by the prevailing practice referred to supra while passing the order of police custody remand. She had no intention whatsoever to flout or disregard the order passed by this Court and that she tenders unconditional apology for any act or omission committed by her which may be construed to be in disregard to the order dated 8th December, 2023. On these submissions, he implored the Court to condone the unintentional act of the contemnor-respondent No. 7 and to discharge the contempt notice issued to her. 25. By way of additional submissions, Shri S.V. Raju, learned ASG appearing on behalf of Kam....
X X X X Extracts X X X X
X X X X Extracts X X X X
....spondents could have entertained any doubt in their minds nor was there any scope for the interpretation that the petitioner could be remanded to police custody during the currency of the interim order dated 8th December, 2023. 29. Shri Ajay Kumar Tomar, Commissioner of Police, Surat(contemnor-respondent No. 2) had no role to play in the investigation or the proceedings pertaining to the remand of the petitioner and thus, prima facie, he cannot be held responsible for the contumacious acts. His role is limited to the aspect of non- functionality of the CCTV cameras, and we would be dealing with this aspect later. The contempt notice issued to contemnor-respondent No. 2 is thus, discharged. 30. Shri Vijaysinh Gurjar, contemnor-respondent No. 3 being the Deputy Commissioner of Police, Zone-4, Surat has sworn an affidavit tendering unconditional apology for any of the acts/omissions which may have led to the order of this Court being flouted. 31. We may note that the reply affidavit of this Officer(contemnor- respondent No. 3) is relevant only in context of non-functioning of the CCTV cameras and the custodial torture allegedly meted out to the petiti....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tionality of CCTV cameras in all police stations by virtue of this Court's judgment in the case of Paramvir Singh Saini(supra) has not been complied in letter and spirit by the concerned police officials. Even if we accept the fact that CCTV cameras were installed in some parts of Vesu Police Station and it is the DVR which was not functional, the fact remains that no CCTV camera was installed in the interrogation room of the police station which is an admitted position as evident from the record. However, we feel that these shortcomings should be dealt with at the departmental level rather than being made subject of these contempt proceedings. The contempt notice issued to contemnor-respondent No. 3 is thus, discharged. 33. The language of the remand application filed by the Investigating Officer, Shri R.Y. Raval(contemnor-respondent No. 4) would be relevant for dealing with his case and hence, the same is reproduced hereinbelow: - "To 5th Additional Senior Civil Judge and Additional Civil Judicial Magistrate, New Court Building, Surat City SUB TO ALLOW REMAND FOR DAYS-7 OF ACCUSED PERSON I, R.Y.Rawal, I/c Police Inspector Vesu P....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d statement, they are concealing the truth during the investigation proceedings so that the accused should be remanded in police custody for day-07 to investigate the offence. GROUNDS FOR REMAND 1. During course of investigations proceeding of this matter, on prima facie evidence found against the accused Tusharbhai Shah in which the complainant himself stated to be the builder of said Builder which is the fact that the present accused had prima facie intention with the accused in a pre-planned manner with the other accused in this matter. It was found that there is disloyalty [betrayal]of the complainant so that it is necessary to investigate the entire pre-planned conspiracy with the other accused so that the present accused is required to be in police custody. 2. Accused person of this matter Tushar Shah issued cheques to the complainant of Kotak Mahindra Bank, Kumbhariya Cheque No. (1) 000394 dated 31/01/2023 signed in the name of authorized signatory of Branch, Surat for a sum of Rs. 2,00,000/- and (2) 000395 dated 31/01/2023 for a sum of Rs. 2,00,000/-(3) 000396 dated 31/01/23 a sum of Rs. 2,00,000/-(4) 000397 dated 31/01/2023 a su....
X X X X Extracts X X X X
X X X X Extracts X X X X
....) has noted that the accused- petitioner did not admit having taken cash to the tune of Rs. 1.65 crores which the complainant claims to have paid to the accused- petitioner in various instalments. Para No. 4 of the application reads that Crime No. 62/2019 had been registered against the accused at P.S. Umra for the offences punishable under Sections 447, 448, 451, 427 and 114 of the Indian Penal Code, 1860 and it was imputed that the accused had a criminal history and that he was giving evasive replies to the questions being put to him. However, it is pertinent to note that the Investigating Officer never made any effort to re-summon the accused for investigation even for a single time after 12th December, 2023 when abruptly a notice to appear before the Additional Chief Judicial Magistrate was given to the accused for seeking his police remand. The language of the notice has been reproduced at para 5(supra) and it does not give a whisper of indication that the accused was not cooperating in the investigation. 35. We are of the firm opinion that non-cooperation by the accused is one matter and the accused refusing to confess to the crime is another. There would....
X X X X Extracts X X X X
X X X X Extracts X X X X
....seems to be at sheer variance with the allegation set out in the FIR that the cheques were given by the complainant to the petitioner i.e., Tusharbhai Shah and not vice versa. The assertion made in the FIR, that the accused-petitioner was not lodging the cheques of the complainant(contemnor- respondent No. 6) in his bank and was holding on to the same was clearly a wishful allegation created somehow or the other for framing the accused in a criminal case, rather than resorting to civil proceedings. It is not even the stated case of the complainant that before lodging the FIR, he had asked the accused-petitioner to return the cheques to him. 39. We may also state, had the accused-petitioner suffered an information under Section 27 of the Indian Evidence Act, 1872, which gave rise to a reasonable belief that such information could lead to discovery of an incriminating fact, perhaps the remand application could have been justified to some extent. However, that is not the situation in the case at hand. 40. The narration made in the remand application that the Investigating Officer wanted to find out about the criminal antecedents of the accused is also fanciful on the face ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....etitioner, she merely followed the practice and procedure prevalent in the State of Gujarat, wherein the Courts issue anticipatory bail orders with a direction to the accused-petitioner to cooperate with investigation and upon failure to do so, liberty is given to the Investigating Officer to seek police remand. The contemnor-respondent No. 7 has annexed certain orders of the High Court of Gujarat to buttress this plea taken in the affidavit in reply to the contempt notice. 43.4 That the petitioner was served with the notice directing him to remain present before the Court of 6th ACJM for the purpose of seeking his police remand. This notice was at the behest of the Investigating Officer and was routed through the Assistant Public Prosecutor(APP). The Investigating Officer sought 7 days remand of the petitioner on the ground that he was not cooperating with the investigation as directed by this Court. The petitioner, neither filed any written protest nor any affidavit to oppose the remand application. He also did not make an affirmative statement of having cooperated with the Investigating Agency by providing information and documents in his possession. An emphatic denial ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sed an order to keep the complaint filed by the petitioner alleging ill-treatment in police custody for verification, but since the petitioner had admitted that his complaint of custodial violence had already been recorded by the contemnor-respondent No. 7 on the very date of the completion of the remand period, i.e., 16th December, 2023, she thought it fit to pass a detailed order dismissing the complaint on 6th January, 2024 by exercising jurisdiction under Section 203 CrPC. The contemnor-respondent No. 7 has pleaded that to her knowledge, the petitioner has not challenged the said judicial order. At this stage, it would be apposite to note that the contemnor- respondent No. 7 has assigned no reasons in the reply affidavit as to how the order dated 21st December, 2023 passed by the predecessor, i.e., 8th Additional Chief Judicial Magistrate directing that the complaint should be placed for verification which would mean recording the statements under Sections 200 and 202 CrPC could have been reviewed by her. Be that as it may, the order dated 6th January, 2024 passed by the contemnor-respondent No. 7 has already been set aside by the High Court of Gujarat....
X X X X Extracts X X X X
X X X X Extracts X X X X
....o explain that the order granting police custody was passed on the basis of a perception arising from the practice being followed in the State of Gujarat based on the Division Bench judgment of the High Court of Gujarat in the case of Sunilbhai Sudhirbhai Kothari(supra). The said explanation is neither convincing nor tenable in view of the fact that it is not a case wherein a Court in Gujarat had passed an order of anticipatory bail under Section 438 CrPC which was vague or open to different interpretations or contained a stipulation that the Investigating Officer could seek police remand of the accused. The order under contempt dated 8th December, 2023 was passed by this Court while exercising its jurisdiction under Article 136 of the Constitution of India wherein there was no such stipulation that the accused could be remanded to police custody. The approach of contemnor-respondent No. 7 in first granting police custody of the petitioner on a clearly frivolous and mala fide remand application filed by Investigating Officer(contemnor-respondent No. 4), and in trying to justify the same in her reply affidavit, that it was based on so called prevalent practice in the Sta....
X X X X Extracts X X X X
X X X X Extracts X X X X
....exercising the power to grant police custody remand, the Courts must apply judicial mind to the facts of the case so as to arrive at a satisfaction as to whether the police custody remand of the accused is genuinely required. The Courts are not expected to act as messengers of the investigating agencies and the remand applications should not be allowed in a routine manner. 49. As discussed above, the FIR against the accused-petitioner was pertaining to a dispute which prima facie appears to be of a civil nature and hence, the learned Magistrate ought not to have toed the line of the Investigating Officer while granting police custody remand of the accused-petitioner. 50. As a matter of fact, the application seeking police custody remand of the petitioner could not have been entertained without seeking permission of this Court as observed in the case of Sushila Agarwal(supra). 51. In this regard, we are benefitted by the judgment of this Court in the case of Ashok Kumar v. Union Territory of Chandigarh [2024 SCC OnLine SC 274] wherein, it has been held that a mere assertion on the part of the State while opposing the plea for anticipatory bail that custodial investigation i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he accused, she did not find any injury thereupon. Law requires that the moment the accused had made a complaint of torture in police custody, it was incumbent upon the concerned Magistrate to have got the accused subjected to medical examination as per the mandate of Section 54 CrPC. The formal complaint lodged by the petitioner herein was proceeded with by 8th Additional Chief Judicial Magistrate who took cognizance thereof on 22nd December, 2023 and directed that the complaint be posted for verification. The only permissible action as per law after cognizance had been taken on a private complaint, would be to record the statements of the complainant and his witnesses by taking recourse to the mandatory procedure prescribed under Sections 200 and 202 CrPC. However, in sheer disregard to the order dated 22nd December, 2023 passed by 8th Additional Chief Judicial Magistrate, the 6th ACJM(contemnor-respondent No. 7) dismissed the complaint filed by the petitioner vide order dated 6th January, 2024 which has been rightly reversed by the High Court of Gujarat vide order dated 22nd February, 2024 passed in R/Criminal Revision Application No. 273 of 2024. This conduct of cont....
X X X X Extracts X X X X
X X X X Extracts X X X X
....g the country), etc. The courts would be justified - and ought to impose conditions spelt out in Section 437(3) CrPC [by virtue of Section 438(2)]. The necessity to impose other restrictive conditions, would have to be weighed on a case-by- case basis, and depending upon the materials produced by the State or the investigating agency. Such special or other restrictive conditions may be imposed if the case or cases warrant, but should not be imposed in a routine manner, in all cases. Likewise, conditions which limit the grant of anticipatory bail may be granted, if they are required in the facts of any case or cases; however, such limiting conditions may not be invariably imposed. 85.4-85.7...... 85.8. It is open to the police or the investigating agency to move the court concerned, which granted anticipatory bail, in the first instance, for a direction under Section 439(2) to arrest the accused, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial, etc. The court, in this context, is the court which grants anti....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rruled. Conclusion: - 59. Having considered the rival submissions and upon a threadbare discussion of the material available on record, we conclude as below:- 59.1 Having considered the role attributed to contemnor-respondent No. 2, the Commissioner of Police, Surat, we find that there is not even a whisper of an allegation against the said officer other than the aspect relating to the non-functioning of the CCTV cameras at the Vesu Police Station. Thus, the said respondent cannot be held responsible for the non- compliance/contempt of this Court's order dated 8th December, 2023 and hence, the contempt notice issued to the contemnor-respondent No. 2 i.e, Ajay Kumar Tomar, Commissioner of Police, Surat, is discharged. 59.2 That contemnor-respondent No. 3, Deputy Commissioner, Surat, is not directly responsible for non-compliance of this Court's order dated 8th December, 2023. However, his role in failing to ensure proper installation and maintenance of CCTV cameras in the police station can be made a subject matter of enquiry at a departmental level, if so desired. Thus, the contempt notice issued to contemnor-respondent No. 3, Vijaysinh Gurjar, Deputy....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hesitation in holding that while seeking for and procuring the police custody remand of the accused in the teeth of the order dated 8th December, 2023, the Investigating Officer, R.Y. Raval, Police Inspector, Vesu Police Station, Surat(contemnor-respondent No. 4) is guilty of gross contempt. 59.4 That the explanation offered by 6th ACJM(contemnor-respondent No. 7), that the order dated 13th December, 2023 granting police custody remand of the petitioner was passed in the bona fide exercise of jurisdiction, based on a genuine misunderstanding of the legal position does not appeal to us. In view of the findings recorded in preceding paras, it is clear that contemnor-respondent No. 7 acted with bias and in a high-handed manner while granting police custody remand of the accused. The reason offered by her that she was acting under a misconception owing to settled and prevailing practice in the State of Gujarat, is clearly in disregard to the order passed by this Court. The said plea does not hold water since the order under contempt dated 8th December, 2023 allowed only one interpretation i.e. the accused-petitioner had to be released on bail in the event of arrest.....