Dharmesh Jivanlal Gurjar vs State Of Gujarat

Cheekati Manavendranath Roy, J

This petition under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973 is filed seeking quash of the FIR being I-C.R. No.22 of 2019 registered with Ahmedabad City, ACB Police Station for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988.

The petitioner is an advocate by profession. He was appointed as a Commissioner by the Debt Recovery Tribunal (DRT), Ahmedabad for the purpose of conducting auction and for sale of the property of the principal debtor in the proceedings before the DRT for the purpose of realizing of the due amount.

An allegation was made against the petitioner that he has demanded bribe from the principal debtor to do an official favour to him of postponing the auction. On the report lodged by the principal debtor, the ACB Police has conducted raid and the petitioner was apprehended while he was accepting the bribe that was demanded. These are the allegations made against the petitioner as per the prosecution version.

Denying the said allegations, the petitioner has filed this petition for quash of the FIR.

During the pendency of this petition, certain events have taken place in this Court. Earlier, when the matter is to be listed on the admission board, the same was listed in the final hearing board. The Court has taken a serious objection in listing the matter in the final hearing board. A report was called by this Court as per the earlier order passed to that effect from the Registry. After receiving the report, a direction was given by this Court to the Registry to take steps for installation of CCTV cameras to prevent any possible mischief being played in the Registry relating to misplacing the files etc.

Pursuant to the said direction, a report was earlier filed by the Registry. Again, a report was called for and the Registrar General has submitted his report today in the sealed cover. It is opened in the open Court. As per the said report, steps were already taken for installation of CCTV cameras and networking in administrative building and in the campus of the High Court, tenders were already invited and it is in the process of finalization of the same for issuing the work order.

Apart from it, this Court also found earlier that the Bar Council did not take any appropriate action against the petitioner relating to the present incident. As per the order dated 26.10.2023, a direction was given in paragraph no.11 of the said order to refer the matter to the Bar Council of Gujarat for taking disciplinary action for the act of misconduct committed by the petitioner.

Pursuant to the said direction, it is stated that the Bar Council of Gujarat has also initiated the action against the petitioner. The same is also noted by this Court that the Bar Council has initiated action against the petitioner in its another order dated 13.12.2023 in paragraph no.8, however, the Court directed the Bar Council in the said order to file periodical compliance report before the Court. Accordingly, the compliance report was filed by the Bar Council of Gujarat today that the disciplinary proceedings are going on against the petitioner and the matter is posted to Sunday i.e. on 18.02.2024 for further hearing.

When the matter is listed today for hearing, learned Senior Advocate Mr.Yatin Oza for the petitioner seeks permission to withdraw the petition itself stating that the petitioner does not want to press for the petition as he intends to face the prosecution.

Learned Additional Public Prosecutor Mr.Hardik Soni requests to keep the matter pending instead of permitting to withdraw the same as still the process of installation of CCTV cameras is pending.

This Court is of the considered view that for the purpose of installing the CCTV cameras as directed by this Court, the matter need not be kept pending as it is a separate issue on administrative side relating to installation of CCTV cameras as directed. Since the process has already been initiated and tenders are already invited and the report of the Registrar General shows that the work order will be issued for the said purpose after tenders are finalized, in the considered view of this Court, the matter need not be kept pending, which is relating to quash of the FIR for the said purpose. Further, as per the reports filed by the Bar Council of Gujarat also, the action has already been initiated against the petitioner and the matter also stood posted for hearing on 18th of this month. So, the law has to take its own course as regards the said proceedings are concerned.

Therefore, in the said facts and circumstances of the case, permission is accorded to the petitioner to withdraw the petition.

The petition is dismissed as withdrawn. The law has to take its own course as regards the crime that was registered against the petitioner by ACB Police. The interim order granted earlier not to file charge-sheet stands vacated. The prosecution is at liberty to file charge-sheet. As it is an old crime of the year 2019 registered about 5 years back, the prosecution shall file the charge-sheet as early as possible in the trial court. The Bar Council of Gujarat shall also conclude the proceedings that are initiated against the petitioner within six months from the date of this order.

As this Court earlier directed the Bar Council of Gujarat to file the progress report for every three months before the Registry, the Bar Council of Gujarat shall continue to file progress report before the Registry till the final order is passed within six months as directed by this Court.