NEUTRAL CITATION
R/CR.MA/13585/2019 ORDER DATED: 11/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13585 of 2019
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SANJAYKUMAR RAMCHANDRA BAROT
Versus
STATE OF GUJARAT
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Appearance:
MR. MANOJ T DANAK(6264) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 11/08/2023
ORAL ORDER
1. By way of present application, under Section 482 of the Code of Criminal Procedure, 1973, the applicant seeks quashment of the impugned FIR being C.R.-II No.3010 of 2018 registered with the Himatnagar 'A' Division Police Station, District : Sabarkantha for the offences punishable under Section 229(A) of the Indian Penal Code as well as the proceedings arising out of the impugned FIR.
2. The brief facts of the prosecution case are that the applicant was not remained present in the proceedings being Criminal Case No.1023 of 2000 pending before the Court concerned and thereby committed an offence by jumping the conditions of the bail bond. Page 1 of 4 Downloaded on : Sun Sep 17 01:13:28 IST 2023
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3. Heard learned advocates. Rule. Learned APP waives service of notice of rule on behalf of the respondent - State.
4. Learned advocate for the applicant submits that the allegation on the applicant that the applicant was not remained present inspite of repeated reminders in the Court proceedings being Criminal Case No.1023 of 2000 pending before the learned Chief Judicial Magistrate, Himatnagar and thereby jumped the conditions of the bail bond. He has submitted that the said proceedings are quashed by the Co- ordinate Bench of this Court vide judgment and order dated 13.02.2019 recorded on Criminal Misc. Application No.16334 of 2017. He has submitted that in view of the said disposal of the main proceedings, the impugned complaint would not stand any further. He has submitted that this application may be allowed.
5. Learned APP for the State fairly submits that the main proceedings from which the impugned FIR is arisen are quashed by this Court. He has submitted that appropriate order may be passed.
6.1 I have heard learned advocates for the respective parties. I have considered the material on record. From Page 2 of 4 Downloaded on : Sun Sep 17 01:13:28 IST 2023 NEUTRAL CITATION R/CR.MA/13585/2019 ORDER DATED: 11/08/2023 undefined record, it transpires that the main proceeding being Criminal Case No.1023 of 2000 was qua Sections 420 and 114 of the Indian Penal Code for the offence under the Negotiable Instruments Act and was between other persons in which the applicant stood as a guarantor and has given bail bond. In the said proceeding, the applicant was not remained present and therefore, the impugned FIR against the applicant under Section 229(A) of the Indian Penal Code by the Registrar of the Court of the Chief Judicial Magistrate, Himatnagar where the original proceeding is pending.
6.2 The accused of the applicant of original case has preferred Criminal Misc. Application No.16334 of 2017 before this Court for quashment of the said proceedings, wherein the Co-ordinate Bench of this Court has, vide judgment and order dated 13.02.2019, quashed the main proceedings being Criminal Case No.1023 of 2000.
6.3 In view of above, no fruitful purpose would be served to continue with the impugned FIR as well as the proceedings arising out of the impugned FIR. This application therefore needs to be allowed and the impugned FIR as well as the proceedings arising out of the impugned FIR, if any, also need to be quashed.
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7. For the reasons recorded above, this application is allowed. The impugned FIR being C.R.-II No.3010 of 2018 registered with the Himatnagar 'A' Division Police Station, District : Sabarkantha is hereby quashed and set aside, qua the applicant only. Consequently, the proceedings arising out of the impugned FIR, if any, are also hereby quashed and set aside, qua the applicant only. Rule is made absolute accordingly. Direct service is permitted.
(SANDEEP N. BHATT,J) M.H. DAVE Page 4 of 4 Downloaded on : Sun Sep 17 01:13:28 IST 2023