During course of final hearing of this matter, it has come on record that though this Court (Coram: Rajesh H. Shukla, J) admitted the matter and granted ad-interim relief in terms of Paragraph No.7(b) vide order dated 08.08.2012, which has continued till date, charge-sheet has been filed. As per the affidavit filed by Shri I.K.Bodar, Police Sub Inspector, Kagdapith Police Station, Ahmedabad City, it is mentioned therein that so far the allegation with regard to the filing of the charge-sheet even though the stay was granted by this Court is concerned, on inquiry it was found that the order of this Court dated 16.08.2012 was received on 25.08.2012 (which is in fact order dated 08.08.2012). The investigating officer, Shri D.B.Dabhi, Police Sub Inspector, Kagdapith Police Station, Ahmedabad City, who, according to the learned Assistant Public Prosecutor, has retired, has filed the charge-sheet in the matter.
Though an attempt was made by making a statement in the affidavit that at the relevant point of time when the charge-sheet was filed the then investigating officer, Shri D.B.Dabhi, was not aware with regard to the stay granted by this Court and it was a bona fide error, due to oversight, the same is prima facie not convincing statement.
The present affidavit is filed by Shri I.K.Bodar whereas the charge-sheet is filed in total defiance of the order of stay granted by this Court dated 08.08.2012 by Shri D.B.Dabhi, who has retired. It is further contended in the said affidavit that some inquiry was initiated against Shri D.B.Dabhi. However, the affidavit does not state that any inquiry was initiated against Shri D.B.Dabhi for filing the charge-sheet in spite of stay having been granted by this Court.
In view of the aforesaid factual aspect of the matter, the State is directed to file further affidavit on or before 17.06.2013 explaining its stand that why actions should not be initiated against Shri D.B.Dabhi as, in prima facie opinion of this Court, the action of Shri D.B.Dabhi amounts to willful disobedience of the order passed by this Court dated 08.08.2012 under the Contempt of Courts Act. It is further directed that such affidavit should also contain procedure which is usually followed by the investigating agency while filing charge-sheet in the court and should also state therein whether any formal administrative permission is required to be taken as per the police manual/administrative orders or not. At the request of the learned Assistant Public Prosecutor S.O. to 19.06.2013.
Registry is directed to hand over a copy of this order to Ms.Moxa Thakkar, learned Assistant Public Prosecutor, for onward communication and compliance.
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[R.M.CHHAYA, J ] *** Bhavesh* Page 3 of 3