Gujarat High Court
Bhupatsinh Mahendrasinh Vaghela vs State Of Gujarat on 4 August, 2025
NEUTRAL CITATION
R/SCR.A/8757/2018 ORDER DATED: 04/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8757 of 2018
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BHUPATSINH MAHENDRASINH VAGHELA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 04/08/2025
ORAL ORDER
1. By way of this petition under Section 482 of the Criminal Procedure Code, the petitioner has prayed to quash the FIR being C.R No. III -175 of 2018 registered with Chanasma Police Station for the offence punishable under Sections 65(a)(e), 67- 1 A,81 of the Gujarat Prohibition Act.
2. Learned advocate Mr. Pravin Gondaliya submits that the name of the present petitioner comes from the statement of Sanjaysinh and Karansinh the two other accused arraigned in the same FIR.
2.1 Learned advocate Mr. Gondaliya placed on record the judgment and order passed by the learned Trial Court in Criminal Case No. 754 of 2009 tried against two other accused, resultantly, they were acquitted by Judicial Magistrate, First Class, Chanasma.
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3. Apropos, the role of the present petitioner diminishes. The role of the petitioner, by no means is higher than the role alleged to have been committed by these two accused who are acquitted by the learned Trial Court.
4, In the aforesaid premise sending the petitioner to face trial would be abuse of process of law.
5. In the aforesaid circumstances, this petition is allowed. The impugned FIR being C.R No. III-175 of 2018 registered with Chanasma Police Station, Patan and the connected proceedings is hereby quashed and set aside qua the petitioner.
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