Gujarat High Court
Nileshkumar Kanchanlal Ajmeri vs State Of Gujarat on 22 April, 2025
NEUTRAL CITATION
R/CR.MA/23978/2019 ORDER DATED: 22/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 23978 of 2019
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NILESHKUMAR KANCHANLAL AJMERI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR BHAVIN S RAIYANI(3855) for the Applicant(s) No. 1
MS. DIVYANGNA JHALA, APP for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 22/04/2025
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-260 of 2019 registered with Gandevi Police Station, Navasari for the offences under Sections 65(a)(e), 81 and 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.5564 of 2019, which are taken on record.
3. Notably, co-accused, who alleged to have similar or less role in committing of offence have been acquitted in Criminal Case No.5564 of 2019. Learned JMFC recorded acquittal of the accused on the ground that prosecution has failed to prove allegations levelled in the FIR.
4. In view of above, putting present applicant in trial would be Page 1 of 2 Uploaded by MANISH MISHRA(HC01776) on Wed Apr 23 2025 Downloaded on : Wed Apr 23 22:00:50 IST 2025 NEUTRAL CITATION R/CR.MA/23978/2019 ORDER DATED: 22/04/2025 undefined absurd process.
5. In the result, the application is allowed. The impugned FIR being CR No.III-260 of 2019 registered with Gandevi Police Station, Navasari for the offences under Sections 65(a)(e), 81 and 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.
(J. C. DOSHI,J) MANISH MISHRA Page 2 of 2 Uploaded by MANISH MISHRA(HC01776) on Wed Apr 23 2025 Downloaded on : Wed Apr 23 22:00:50 IST 2025