Gujarat HC recalls its 2-year-old order quashing FIR in land dispute case in Kheda

[related-post]

Salim moved the High Court pleading to quash the FIR. In October 2013, single bench of Justice A J Desai quashed the FIR after the father-son duo gave written undertakings that they have sorted the dispute amicably, and don’t want to pursue the case. Subsequently, Justice Desai ordered to quash the FIR.

A year later, Usmangani approached the High Court and filed a contempt of court plea against his son. The concerned court directed him to approach the single judge bench (justice Desai) which had quashed the FIR. Last week, Justice Desai allowed Usmangani’s petition seeking recall of the order which had quashed the FIR against his son.

Justice Desai stated in his order, “prima facie, I am of the opinion that respondent no.2 (Salim) has committed breach of civil contempt as defined under Section 2(b) of the Contempt of Courts Act read with Article 215 of the Constitution of India.” He also issued notice to Salim “as to show cause why proceedings under the provisions of the Contempt of Courts Act should not be initiated.”