NEUTRAL CITATION
R/CR.MA/24018/2022 ORDER DATED: 02/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 24018 of 2022
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PRATAPSINH KIRITSINH RANA
Versus
STATE OF GUJARAT
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Appearance:
MR. KALRAV R PATEL(7041) for the Applicant(s) No. 1
MS. NILI K PATEL(7043) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS CM SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 02/11/2023
ORAL ORDER
1. By way of this application under Section 482 of Code of Criminal Procedure, 1973, the applicant - accused seeks to invoke inherent powers of this Court, for quashing the impugned FIR being C.R.No.3149 of 2012 lodged with Khokhra Police Station, Ahmedabad as well as chargesheet and further prays to quash the proceedings arising out of the impugned FIR being Criminal Case No.702472 of 2012 pending before the learned Metropolitan Magistrate Court No.7, Ahmedabad.
2. Learned advocate for the applicant - accused submitted that the police official is not empowered to register a case Page 1 of 4 Downloaded on : Fri Nov 03 20:43:18 IST 2023 NEUTRAL CITATION R/CR.MA/24018/2022 ORDER DATED: 02/11/2023 undefined under Section 188 and same is barred under Section 195 of the Code of Criminal Procedure, 1973. In this context, it is submitted that there must be a complaint by the public servant for the alleged offence and it is mandatory to file a written complaint and non-compliance of the same would vitiate the prosecution and therefore, in the facts of the present case, the learned Magistrate Court cannot take cognizance after filing of the chargesheet since the FIR is not filed by the authorized officer and thus, he prays that the entire prosecution is vitiated, considering the bar under Section 195(1)(a)(i) of the Code of Criminal Procedure.
3. In support of the aforesaid contentions, strong reliance has been placed on the case of Soni Dineshkumar Dahyalal Vs. State of Gujarat (Criminal Misc. Application No.17270/2012).
4. On the other hand, learned APP for the respondent - State fairly stated that the complaint, as contemplated under Section 195 of the Cr.P.C. has not been filed by the officer concerned. However, learned APP submitted that the Trial Court can take cognizance of the other offences punishable Page 2 of 4 Downloaded on : Fri Nov 03 20:43:18 IST 2023 NEUTRAL CITATION R/CR.MA/24018/2022 ORDER DATED: 02/11/2023 undefined under the Penal Code.
5. Heard learned counsel for the respective parties and upon perusal of the chargesheet case papers, this Court is of the opinion that the issue is squarely covered by the judgment of this Court in the case of Goverdhankumar Thakordas Asrani Vs. State of Gujarat (Criminal Misc. Application No.24632/2015), wherein after considering the statutory provisions as well as law laid down by the Apex Court on the issue, it was held that the entire prosecution fails on the ground that, no cognizance could have been taken by the Trial Court for the offence punishable under Section 186 of the IPC upon a police report in view of the specific bar under Section 195 of the Cr.P.C.
6. In light of the settled position of law and considering the facts of the present case, this application succeeds and is hereby allowed. The impugned FIR being C.R.No.II-2 of 2018, dated 11.01.2018 lodged with Santrampur Police Station, Mahisagar as well as chargesheet and proceedings arising out of the impugned FIR being Criminal Case No.410 of 2018 pending before the learned Additional Chief Judicial Magistrate First Class, Santrampur are hereby Page 3 of 4 Downloaded on : Fri Nov 03 20:43:18 IST 2023 NEUTRAL CITATION R/CR.MA/24018/2022 ORDER DATED: 02/11/2023 undefined quashed. All the consequential proceedings pursuant thereto stand terminated. Rule is made absolute to the aforesaid extent.
7. It is clarified that it is open for the State to file a fresh proceedings against the applicant by following the procedure prescribed by law.
Direct Service is permitted.
(ILESH J. VORA,J) Rakesh Page 4 of 4 Downloaded on : Fri Nov 03 20:43:18 IST 2023