Research › Search › Judgment

High Court of Gujarat · body

2025 DAILYLAW 6555 (GUJ)

HUSSENALI ANWARALI CHARANIYA S/O ANWARALI v. STATE OF GUJARAT

SCR.A/14673/2023 · 2025-06-17

Hasmukh D Suthar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

R/SCR.A/14673/2023 ORDER DATED: 17/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 14673 of 2023 ========================================================== HUSSENALI ANWARALI CHARANIYA S/O ANWARALI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR ANKIT M MODI(7418) for the Applicant(s) No. 1 MR MEET A SHAH(12392) for the Applicant(s) No. 1 MS RUSHVI N SHAH(5881) for the Respondent(s) No. 3 NOTICE SERVED for the Respondent(s) No. 2 MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 17/06/2025 ORAL ORDER When the matter is called out, learned advocate for the petitioner is not present. By way of present petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short “CrPC”), the petitioner has sought for appropriate writ directing the respondents not to interfere in the civil disputes pending between the petitioner and respondent No.3 under the guise of investigation and not to harass the petitioner by interfering in lawful business of the petitioner. It is needless to say that the police has no power to interfere in the civil proceeding. So far as direction to pass blanket protection i.e. not to investigate or not to take coercive steps against the petitioner is concerned, it amounts to restricting the police from performing its legal duty which is not permissible. So far as misuse of power is concerned, merely based on apprehension, no such direction to police authority can R/SCR.A/14673/2023 ORDER DATED: 17/06/2025 be passed. In view of above, no case is made out to entertain the present petition under Article 226 of the Constitution of India. However, it is kept open for the petitioner to file appropriate proceeding against the erring police officer and police authority is duty bound to investigate any offence in light of Clause 137 of the Gujarat Police Act. Present petition is dismissed. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/06/2025 18:55:15