AMITY LAW SCHOOL,

KOLKATA

LAW OF EVIDENCE-
LAW351
Law Of Evidence Assignment-
Case Brief: Manohar M. Galani vs. Ashok N.
Advani & Anr, AIR 2000 SC 202

Submitted by: Bernard Shuvam Gomes

PARTIES TO THE CASE 3

HON’BLE JUDGES/CORAM 3

DATE OF JUDGEMENT 3

RELEVANT SECTIONS 3

INTRODUCTION 4

FACTS OF THE CASE 4-5

FACTS IN ISSUE 5

RELEVANT FACTS 5-6

ARGUMENTS 6

Complainants’ Arguments 6

Respondents’ Arguments 6

JUDGEMENT 7

BIBLIOGRAPHY 8

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PARTIES TO THE CASE:
Manohar M. Galani v. Ashok N. Advani & Anr , AIR 2000 SC 202

PETITIONER:

MANOHAR M. GALANI

Vs.

RESPONDENT:

ASHOK N. ADVANI & ANR.

HON’BLE JUDGES/CORAM:
At, SUPREME COURT OF INDIA,

By, THE HONOURABLE MR.JUSTICE R.P. SETHI AND HONOURABLE JUSTICE

DATE OF JUDGEMENT:
17/11/1999

RELEVANT SECTIONS :
Section 195 of Code Of Criminal Procedure, 1973

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INTRODUCTION:
The order of the Gujarat High Court quashing the complaints, public interest petition 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 criminal and unlawful incident that took place in Dakor
Court in the district of Kheda in State of Gujarat.

FACTS OF THE CASE:

Scandal in functioning of Subordinate Court (Dakor Court)- It was revealed in the

 So far as the complaints which have been quashed by the High Court of Gujarat, it was
alleged that family of the complainant came in contact with the accused, Mr. Kishore
Keswani who had a lot of political influence. Mr. Kishore Keswani had invested money in
shares and stocks and when the share market crashed in Mumbai Stock Exchange, several
depositors/investors sustained loss. However, Shri Keswani made the complainant
responsible and pressurized him to compensate the loss. Shri Keswani lodged false criminal
complaints against the complainant and his family members in various places and
Ulhasnagar. He was also successful in obtaining warrants of arrest against the complainant
and his family members and the complainant and his family members were arrested and
lodged in various police stations and jails. It was further alleged in the complaint that the
moment the complainant or any of his family members would be released on bail in one
case, they would be made accused in some other case and would be arrested. The
complainant took the assistance of a local Press reporter from Mumbai and exposed the
entire scandal that was happening in the Court at Dakor.

A social activist when came to know of the entire episode from the newspaper, he filed a
writ petition in public interest before the Gujarat High Court. PIL was filed by the social
activist against the misfunctioning of the Subordinate Court (Dakor Court) in district
Kheda in the State of Gujarat.

In that petition, prayer was made for suitable directions to the 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

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his innocence and innocence of his family members who were being unnecessarily
harassed by false and frivolous criminal proceedings. The High Court on the administrative
side took action suspending the Judicial Magistrate at Dakor Court in the district Kheda.

When the complaints were lodged by the complainant which were being investigated into,
the accused persons named in the complainant case moved the High Court and the High
Court by the impugned order quashed the two complaints as well as the public interest
petition which was pending before it and hence the present appeals.

FACTS IN ISSUE:

1. Whether the High Court justified while exceeding it’s jurisdiction in quashing the FIRs
as well as the pending public interest petition whereunder certain inquiries were directed by
the High Court itself, on a finding that Section 195 will get attracted ?

2. The complainants having been harassed unduly by the accused persons, can the High
Court throttled the investigation and quash the proceedings on a finding that Section 195
would be a bar to proceed further ?

3. Whether the High Court justified in quashing the complaints which has been registered ?

RELEVANT FACTS:

1. Mr. Kishore Keswani due to his loss in the share market in Bombay Stock Exchange,
having a lot of political sources/influence made the complainant responsible and
pressurized him to compensate the loss.

2. Shri Keswani lodged false criminal complaints against the complainant and his family
members in various places.

3. He was also successful in obtaining warrants of arrest against the complainant and his
family members. The moment the complainant or any of his family members would be
released on bail in one case, they would be made accused in some other case and would be
arrested.

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4. 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.

5. The High Court on the administrative side took action suspending the Judicial
Magistrate at Dakor Court in the district Kheda.

6. When the complaints were lodged by the complainant which were being investigated
into, the accused persons named in the complainant case moved the High Court and the
High Court by the impugned order quashed the two complaints as well as the public
interest petition which was pending before it and hence the present appeals.

ARGUMENTS:

BY THE COMPLAINANT:
Mr. Gopal Subramanium, learned senior counsel appearing for the complainant submitted
that the High Court obviously exceeded its jurisdiction in quashing the FIRs as well as the
pending public interest petition whereunder certain inquiries were directed by the High
Court itself, on a finding that Section 195 will get attracted.

According to Mr. Subramanium, gross irregularities having alleged to have been committed
by the accused persons and the complainants having been harassed unduly by the accused
persons, the High Court could not have throttled the investigation and quashed the
proceedings on a finding that Section 195 would be a bar to proceed further. The bar
under Section 195 of the Code of Criminal Procedure can be gone into at the stage when
the Court takes cognizance of the offence and an investigation on the basis of the
information received could not have been quashed and an investigating agency cannot be
throttled at this stage from proceeding with the investigation particularly when the charges
are serious and grave.

BY THE ACCUSED:
Learned counsel for the respondents on the other hand contended that the various subject
matters of complainant are already being inquired into and, therefore, allowing any further
inquiry 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.

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JUDGEMENT :
The Supreme Court observed that the High Court in exercise of it’s power under the
extraordinary jurisdiction cannot interfere with the collateral proceedings initiated by the
High Court itself in an application filed in the public interest.

The Supreme Court directed the public interest petition should be considered by High
Court on merit, on the basis of reports submitted to the court and appropriate directions be
given, whatever the Court may think fit.

The Supreme court set aside the orders quashing the two complaints and investigation
made thereunder and directed that those cases may proceed in accordance with law.

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 BIBLIOGRAPHY:
www.indiankanoon.com

www.googlebooks.com

CRIMINAL MANUAL (Criminal Major Acts)- By JUSTICE KHASTGIR

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