J.B. Pardiwala - (1.) By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs: 10(A) be pleased to issue a writ of mandamus any other appropriate writ, order or direction in the nature of mandamus directing the learned Metropolitan Magistrate, Court No. 13, Ahmedabad not to adjourn the matter and to proceed and complete the evidence and also complete the Criminal Case No. 434/2012 as expeditiously as possible and on or before 31.03.2018. (B) be pleased to issue a writ of prohibition or any other appropriate writ, order or direction in the nature of prohibition directing the learned City Sessions Court, Ahmedabad that from now onwards not to entertain any application for and on behalf of respondent Nos. 2 to 4 herein for leave or permission to go out of the country till the trial of the Criminal Case No. 434/2012 is over. (C) by way of interim relief, be pleased to issue appropriate directions to the learned Metropolitan Magistrate, Court No. 13 to proceed with the matter and accordingly, the learned Sessions Court be also intimated not to entertain any application of the respondent Nos. 2 to 4 herein seeking permission to leave the country and be further pleased to direct the learned advocate who appears on behalf of respondent Nos. 2 to 4 herein to proceed with the matter even in the absence of the accused because, such condition is normally added in the order of the Sessions Court. (D) such other and further orders as Your Lordships may deem just, fit and expedient be passed in favour of the petitioner. (E) costs of this petition may be awarded to the petitioner.
(2.) On 04/12/2017, this Court passed the following order:The Registry is directed to call for the report from the Metropolitan Magistrate, Court No. 13, Ahmedabad as regards the status of the Criminal Case No. 434 of 2012. In the report, the Court concerned shall explain why not a single witness has been examined despite the fact that the charge came to be framed in the year 2013. Post this matter on 15/12/2017 on top of the board.
(3.) Thereafter, on 15/12/2017, this Court passed the following order. 1. Pursuant to the order passed by this Court dated 04/12/2017, the Additional Chief Metropolitan Magistrate, Court No. 15, Ahmedabad, by his letter dated 13/12/2017 has furnished the information as regards the status of the Criminal Case No. 434 of 2012. The letter reads as under: No. 977 of 2017 Ad. Chief Metropolitan Magistrate, Court No. 15, Ahmedabad. Date : 13/12/2017 To, The Registrar General Sahab, High Court of Gujarat, At Sola, Ahmedabad. Through : The Chief Metropolitan Magistrate Saheb, Ahmedabad. Sub : Explanation in respect of order passed by Hon'ble High Court in Special Criminal Application (Direction). Ref : Order of Hon'ble High Court of Gujarat in Special Criminal Application No. 8956/2017 Dated 4/12/17. Respected Sir, With due respect to the above mentioned Subject and Reference, I have received the Hon'ble High Court order on Yesterday dated 12/12/2017 and my explanation in respect of the same is as under. (1) petitioner has given wrong information to Hon'ble High Court that the charge was framed om 2013 in Criminal Case No. 434/2012 Actually the charge was framed on dated 13/11/2017 now on next date this matter is far recording of evidence of prosecution. (2) As Judicial Officer in this court I have taken the charge of this court on dated 07/04/2016 and before that the court was vacant for 8 months due to transfer of previous Judicial Officer to Judicial Academy. (3) Ex.1 looking to the record of this case. the charge sheet was filed on dated 5/9/2012. (4) Ex.2 Then accused No. 4 was procced Ex.2 the application to this charge him of dated 8/3/2013 and which was decided on marrite on dated 19/2/2015 and accused No. 4 discharge from the allage offence on this case. (5) Ex.34- Then on dated 3/5/2016 the complaint was produced the application under sec. 173(8) for the further investigation. Which was decided on marrite and granted on dated 09/01/2017. Ex.35- Then the report of further investigation was produced by investigation officer on dated 15/06/2017. (6) Then the charge was framed on dated 13/11/2017 and now the matter is ready for recording the evidence of prosecution fixed on dated 25/01/2018. (7) So, the petitioner was given wrong information that the charge framed in 2013. But due to discharge application, application for further investigation, vacant this court for 8 months and huge pendency about more then 7000 cases, this court could not expediate the matter. There fore request my lord to consider my above explanation and obliged. Thanking you. Yours Faithfully, sd/ (M.A. SHAIKH) Ad. Chief Metropolitan Magistrate, Court No. 15, Ahmedabad. 2. There are as many as fifteen spelling mistakes in the letter. The grammar of the Presiding Officer is horrible. This letter of the Additional Chief Metropolitan Magistrate, Court No. 15, Ahmedabad, has been forwarded through the Chief Metropolitan Magistrate, Ahmedabad. Even the Chief Metropolitan Magistrate, Ahmedabad, before forwarding it to the High Court has not taken the pains to read the letter and try to understand what is sought to be conveyed. 3. According to the trial Court, the charge was not framed in 2013, but the same was framed on 13/11/2017. It also appears that the original accused No. 4 preferred an application for discharge, which came to be decided on 19/02/2015. It also appears that the complainant filed an application for further investigation under Section 173(8) of the Code of Criminal Procedure. According to the trial Court, there are about 7000 cases in his Court and therefore, he has not been able to take up the Criminal Case No. 434 of 2012 for hearing. 4. Mr. Gandhi, the learned counsel appearing for the applicant on account of personal difficulty has not been able to remain present today before this Court. Post this matter on 27/12/2017. The Registry is directed to place this order along with the copy of the letter of the trial Court before the Hon'ble The Chief Justice. 4. The Additional Chief Metropolitan Magistrate, Court No. 15, Ahmedabad, by his letter dated 20/12/2017, has tendered an unconditional apology for the manner, in which, he forwarded the report to this Court. The letter reads as under: Confidential Out Ward No. 25/2017 Addl. Chief Metropolitan Magistrate, Court No. 15, Ahmedabad. 20-12-2017 To, The Hon'ble Registrar General Sir, High Court of Gujarat, Ahmedabad. Through : Hon'ble Chief Metropolitan Magistrate sir, Ahmedabad. Sub : Unconditional Appology Ref : (1) Letter of This Court dated 13-12-2017 Out Ward No. 9772017 (2) Special Criminal Application (Direction) No. 8956/2017. Respected Sir, With reference to the subject noted above, on dated 20-12-17. I had received the original writ dispatched No. CPCR 274631/ 17, in which Hon'ble High Court of Gujarat has observed in para 2 that, "2. There are as many as fifteen spelling mistakes in the letter. The grammar of the Presiding Officer is horrible. This letter of the Additional Chief Metropolitan Magistrate, Court No. 15, Ahmedabad, has been forwarded through the Chief Metropolitan Magistrate, Ahmedabad. Even the Chief Metropolitan Magistrate, Ahmedabad, before forwarding it to the High Court has not taken the pains to read the letter and try to understand what is sought to be conveyed." In this regard respectfully further submit that, on dated 12-12-2017, I had received the Original Writ (Despatch No. CPCR 263293/ 17) and as per the order of Hon'ble Gujarat High Court, I was duty bound to forward the detailed Explanation on or before 15-12-2017. For above fact, I am to respectfully submit that due to heavy workload, I have dictated my explanation to my staff and presumed to be correct without reading the whole letter (Out ward No. 9772017), I had made my Signature on that explanation and I had forwarded my said explanation to Hon'ble Gujarat High Court on dated 13-12-2017 & hence I offer Unconditional Apology regarding Spelling mistakes and grammatical mistakes committed by me. I am to further respectfully submit that I have never made such type of mistake in the past. I assure to Hon'ble High Court that I will be more careful and vigilant in future in this regard. For above fact, I make an Unconditional Apology with folded Hands, and request to Your Honour to accept my said Unconditional Apology and oblige. Thanking You, Your's faithfully, (M.A. Shaikh) Addl. Chief Metropolitan Magistrate, Court No. 15. 5. Having regard to the fact that the charge has been framed, it is now expected of the trial Court to proceed further with the recording of the evidence of the witnesses. The Court concerned is directed to complete the recording of the evidence within a period of three months from today and dispose of the matter with judgment. No unnecessary adjournments shall be granted, if prayed for by either of the parties. The Court concerned shall comply with the directions strictly and forward its report as regards the disposal of the Criminal Case No. 434 of 2012 to this Court. 6. With the above, this writ application is disposed of. Direct service is permitted.;