Manohar M. Galani vs State Of Gujarat .

1. Briefly stated the facts necessary for disposal of this appeal are that the appellant’s sister had started a firm in the name of M/s. Jubilee Capital Market Services at Ulhasnagar for sale and purchase of shares and other related financial services. The appellant who was otherwise employed with the Punjab National Bank was helping his sister in the firm.

2. The case of the appellant is that there was an illegal racket in the State of Gujarat whereby some unscrupulous lawyers in connivance with court officials were procuring arrest warrants against the alleged accused without following the procedure prescribed by law and without verifying whether there was any truth in the complaint. The appellant informed one Mr. Mahatre, a journalist about the manner in which he was arrested. Shri Mahatre decided to carry out a sting operation. He filed a complaint and managed to obtain arrest warrants against a sitting Judge of the Bombay High Court, the Home Minister of Maharashtra, 3 M.L.As., a spokesman of a national party and a 3 journalist. After obtaining these warrants Shri Mahatre lodged the same with the police to expose the scandal by which arrest warrants were being issued. According to the appellant, the sting operation was carried out at his instance. This matter was splashed across the newspapers and the police started investigating the matter. In fact, the Sessions Court, Nadiad took suo motu notice and quashed the order of the Judicial Magistrate First Class (JMFC) Dakor and recalled the warrants. The case was transferred from the JMFC, Dakor to JMFC, Nadiad.

3. A public interest litigation was filed in the High Court by Shri Ajit D. Padiwal, an advocate. Shri Padiwal died during the pendency of the petition but keeping in view the serious nature of the issues involved the High Court continued with the appeal and appointed an amicus curiae to assist it. The appellant also intervened in the matter. The criminal proceedings were also initiated against four persons before the Dakor Court. The High Court by an elaborate judgment dated 15 th/20th/21st and 22nd September, 2004 disposed of the writ petition giving various directions. None has challenged those directions. The challenge is limited to the directions issued by the High Court that all the 4 courts where the 10 proceedings against the appellant and his family members are pending should disposed of the proceedings at the earliest.

10. We are of the view that the appellant should not be denied his right to question the initiation of criminal proceedings. Therefore, while dismissing the appeal we direct that the proceedings in the five cases mentioned above shall remain stayed for a further period of six weeks. In the meantime, the appellant is granted liberty to file appropriate proceedings before the High Court for quashing the criminal proceedings in the five cases mentioned above. With regard to CC No. 704 of 1994 and Summary Suit No.67 of 1994, we direct the concerned courts to first issue notices to the complainant/plaintiff. Only if the complainant and the plaintiff appear before the concerned courts and are interested in pursuing the complaint/suit, will notice be issued to the appellant and/or his family members. In case the plaintiff/complainant appears and notices are issued, the trial 8 court shall make an effort to dispose all the two cases at the earliest and in any case not later than six months from the date when the appellant herein puts in appearance.

11. The appeal is disposed of with the aforesaid directions. Pending application(s), if any, shall stand disposed of.