Gujarat High Court
Chandubhai Laxmanbhai Topiya vs State Of Gujarat on 15 April, 2025
NEUTRAL CITATION
R/CR.MA/21916/2019 ORDER DATED: 15/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 21916 of 2019
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CHANDUBHAI LAXMANBHAI TOPIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR BHAVIN S RAIYANI(3855) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
MR. UTKARSH SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 15/04/2025
ORAL ORDER
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the FIR being CR No.III-426 of 2018 registered with Valsad Rural Police Station, Valsad for the offences under Sections 65(A) (E), 81, 98(2) of the Prohibition Act and all the consequential proceedings arising therefrom.
2. Learned APP has placed on record the report as well as copy of judgment and order passed in Criminal Case No.3664 of 2019, which are taken on record.
3. The petitioner and other accused have been acquitted in Criminal Case No.3664 of 2019 . Learned JMFC recorded acquittal of the accused on the ground that prosecution has failed to prove allegations levelled in the FIR.
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4. In view of above, putting present applicant in trial would be absurd process.
5. In the result, the application is allowed. The impugned FIR being CR No.III-426 of 2018 registered with Valsad Rural Police Station, Valsad for the offences under Sections 65(A)(E), 81, 98(2) of the Prohibition Act and all the consequential proceedings arising therefrom are hereby quashed and set aside qua the applicant herein. Direct service is permitted.
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