R/CR.MA/4446/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 4446 of 2021
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BHAVESH @ BHAVIK LALJIBHAI KUKADIYA
Versus
STATE OF GUJARAT
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Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
for the Respondent(s) No. 2
Mr. Manan Mehta, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
Date : 01/04/2021
ORAL ORDER
By way of present application, the applicant has prayed to quash and set aside the FIR being I-CR No. 11823017210146 of 2021 registered with Rajpipla Police Station, Dist. Narmada for the offence punishable under Sections 465, 467, 468, 469, 471, 336 and 114 of the IPC as well as Sections 30 and 35 of the Gujarat Medical Practice Act, 1963 and further prayed to stay the further proceedings thereof till final disposal of this application.
Heard learned advocate for the applicant. It was submitted by learned advocate for the applicant that two FIRs were registered against the present applicant wherein, all the allegations in the opinion of the prosecuting Page 1 of 2 Downloaded on : Fri Apr 02 02:14:55 IST 2021 R/CR.MA/4446/2021 ORDER agency consisted of the same transaction, based on same bundle of facts. Therefore, second FIR is not permissible. In support of his arguments, learned advocate for the applicant relied upon the judgment of the Apex Court rendered in case of T.T.Antony Vs. State of Kerala reported in AIR 2001 SC 2637 wherein, it is held that if more serious offences are disclosed, the second FIR would not be permissible, that may be addition of further offences in the said FIR. That, two FIRs in relation to same course of transaction are not permissible.
Issue requires consideration.
Notice returnable on 29.4.2021. Learned APP waives service of notice for and on behalf of the respondent No.1- State.
(B.N. KARIA, J) BEENA SHAH Page 2 of 2 Downloaded on : Fri Apr 02 02:14:55 IST 2021