9911796707
TMI Blog1999 (11) TMI 899X X X X Extracts X X X X X X X X Extracts X X X X ..... hing the complaints as well as further investigation taken up by the police stations and also setting aside all the proceedings in Criminal Miscellaneous Application No. 5722 of 1994 in C.R. No. 211 of 1994 is being challenged in these appeals at the instance of the complainant. The complaints are the outcome of nefarious incident that took place in Dakor Court in the district of Kheda in State of Gujarat. It was revealed in the newspaper that from the said Court warrants can be issued against any one by mere asking for and in fact from the said Court at Dakor, non-bailable warrants had been issued against Justice ML. Pendse, the then acting Chief Justice of Bombay High Court. So far as the complaints which have been quashed by the High Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Government of Gujarat and Bar Council of Gujarat. On the said public interest petition, the High Court directed the Director General of Police to conduct an inquiry and submit report. Several reports were submitted to the Gujarat High Court which according to the complainant would establish his innocence and innocence of his family members who were being unnecessarily harassed by false and frivolous criminal proceedings. It further transpires that the High Court on the administrative side took action suspending the Judicial Magistrate at Dakor Court in the district Kheda and no final decision had been taken in the pending public interest petition. At this stage, when the complaints were lodged by the complainant which were being investiga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or complaint if allowed to be proceeded with, it will be an abuse of the process of the Court, Learned Counsel for the respondents, however, fairly conceded that the Court was not justified in quashing the public interest petition which has been registered as Criminal Miscellaneous Application No. 5722 of 1994 in C.R.No. 211 of 1994. 4. So far as the public interest petition is concerned, not only the counsel for both sides agreed that the same ought not to have been set aside but we also fail to understand how the High Court in exercise of its power under extraordinary jurisdiction can interfere with a co-lateral proceeding initiated by the High Court itself in an application filed in public interest . There cannot be any dispute that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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