Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case

The Gujarat High Court on Monday (December 23) called for a detailed explanation from a judicial officer–of the rank of a sessions judge, after "prima facie" taking note of a plea making "serious allegations" about the officer's conduct while hearing proceedings in a forgery and cheating case. The order was passed in a plea wherein the petitioner had sought transfer of proceedings before the judicial officer on the "apprehension that he would suffer injustice not because he has no case but because the presiding officer has a preconceived notion about it". In the interim the petitioner had sought stay of the proceedings before the presiding/judicial officer, claiming that during the course of the hearing in the case the judicial officer had made "undue observations against the petitioner". The petitioner had also sought a departmental enquiry with respect to the officer. After going through the averments made in the petition and perusing the documents, Justice Sandeep Bhatt in his order observed “this Court, prima facie, finds that matter requires consideration as serious allegations are made about the conduct of the presiding officer concerned, which should be considered in appropriate manner. This Court is conscious that such allegations are made against the judicial officer of the rank of appellate cadre i.e. Sessions Judge.”The high court thereafter directed, “The Registry shall send the entire set of papers of this petition to the concerned Principal District Judge forthwith and call for detailed explanation of the concerned judicial officer regarding the allegations made in the petition and send the same with remarks of the Principal District Judge to this Court, through the Registrar General, on or before 01.01.2025. The Registrar General will do needful after receipt of such report and also place the same before this Court.”The high court then granted stay until the final disposal of the proceedings as interim relief as prayed in the petition and listed the matter on January 6, 2025. BackgroundAs per the facts, the Petitioner filed a complaint regarding a forged Power of Attorney (PoA) of 2007 used to carry out the sale of his land in Thol, Mehsana. It was alleged that the thumb impression and the signatures of his wife were forged in the documents and that he came to discover about it in 2021 when four people threatened him to vacate the land. After verifying the thumb impressions and signatures by the FSL expert, an FIR was registered under IPC Sections 406(Criminal Breach of Trust), 420(Cheating and Dishonestly Inducing Delivery of Property), 465(Forgery), 468(Forgery for Purpose of Cheating), 471(Using as Genuine a Forged Document), 120B(Criminal Conspiracy), 34(Acts Done by Several Persons in Furtherance of Common Intention), 504(Intentional Insult with Intent to Provoke Breach of Peace), 506(2) (Criminal Intimidation). The investigation was transferred to the Local Crime Branch of Mehsana by preferring an application as the initial investigation by the Mehsana Police was allegedly biased and incomplete. It was alleged that the chargesheet filed lacked critical evidence including Power of Attorney and failed to include the officers; Sub-Registrar and Mamlatdar who were allegedly involved as the mutation entry were recorded without the service of notice severed to the petitioner and his wife. The Petitioner moved to the High Court alleging bias and partial treatment by the Presiding Office showing undue favour to the accused persons. It was alleged that at the time of hearings, the Judicial Officer remarked on the delay in filing the FIR and stated that the petitioner had remained silent from 2008 to 2021 without pursuing the records and granted bail to two accused. The Petitioner then alleged that his counsel was denied access to certified copies regarding the case from the department. Case Title: Govindji s/o Khodaji Maganji Thakor vs State of GujaratClick Here To Read/Download Order

Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case

Lovina B Thakkar

Tags