Gujarat High Court
State Of Gujarat vs Anilbhai Dhudhabhai Solanki on 5 August, 2025
NEUTRAL CITATION
R/SCR.A/1706/2016 ORDER DATED: 05/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1706 of 2016
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STATE OF GUJARAT
Versus
ANILBHAI DHUDHABHAI SOLANKI
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Appearance:
MR CHINTAN DAVE, APP for the Applicant(s) No. 1
MR PREMAL S RACHH(3297) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 05/08/2025
ORAL ORDER
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner prayed to quash and set aside order dated 29.04.2014 passed by the learned 3rd Addl. Sessions Judge, Jamnagar in Criminal Appeal No.13 of 2014
2. Heard learned advocates for the respective parties.
3. On perusal of the record, what could be noticed that criminal case was filed against the accused for the offences punishable u/s 302 and 452 of the IPC. The learned JMFC after considering the evidence on record was pleased to convict the accused for offence under section 302 and 452 of IPC and was also further pleased to pass order under section 15(1)(A) of the Juvenile Justice Act thereby advising the Juvenile to not to involve in any dispute. Learned Trial Court also pleased to pass order under section 15(1)(G) of the Juvenile Justice Act whereby punishing the respondent accused to provide services to Page 1 of 2 Uploaded by SATISH C. VEMULLA(HC00206) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:05:52 IST 2025 NEUTRAL CITATION R/SCR.A/1706/2016 ORDER DATED: 05/08/2025 undefined Andhjan Vividlaxi Talim Kendra for one month except for Sunday and to remain present from 11.00 morning to 2.00 o'clock in the afternoon and to report the services provided by him to concerned probation officer. Against the said order, the accused challenged the same before the learned Sessions Court by filing Criminal Appeal No.13 of 2014. The learned Sessions Court after hearing all the parties concerned, vide impugned judgment and order dated 29.04.2014 allowed the appeal by quashing and setting aside the order of the learned trial Court.
4. The State intended to challenge said judgment and order by filing Special Criminal Application under Article 226 and 227 of the Constitution of India r/w section 482 of the Code of Criminal Procedure, 1973. However, against the order of the learned Sessions Court, Criminal Revision Application u/s 397 r/w section 401 of the Code of Criminal Procedure, 1973 is maintainable and therefore, present petition requires to be dismissed.
5. In the result, present petition fails and stands dismissed. Rule discharged.
(J. C. DOSHI,J) SATISH Page 2 of 2 Uploaded by SATISH C. VEMULLA(HC00206) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:05:52 IST 2025