Gujarat High Court
Rajubhai Surekhbhai Karpada vs State Of Gujarat on 22 July, 2025
NEUTRAL CITATION
R/CR.MA/1166/2021 ORDER DATED: 22/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 1166 of 2021
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RAJUBHAI SUREKHBHAI KARPADA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR. TIRTHRAJ PANDYA, APP 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 : 22/07/2025
ORAL ORDER
1 By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed to quash and set aside the FIR being 11210063200743 of 2020 registered with Singanpore -Dabholi Police Station, Surat.
2. Noticeably, by placing reliance on the judgment and order passed by the learned JMFC in Criminal Case No. 56250 of 2021, learned advocate for the petitioner submitted that the learned trial Court has acquitted the accused from the alleged offences. It is submitted that the role attributed to the present petitioner is even lesser than that of the co-accused who have already been acquitted. In substance, learned advocate urged that the petitioner ought not to be compelled to undergo the rigors of trial. On the strength of these submissions, he prayed for allowing the present petition.
3. Learned APP has submitted that this Court may pass such orders as may be deemed just and proper in the facts of the case.
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4. The judgment and order rendered by the learned JMFC in the aforesaid criminal case clearly reflect that the prosecution failed to prove its case beyond reasonable doubt against two accused persons, namely, Mahesh @ Kani Hematbhai Parmar and Paresh Parasotambhai Variya. It further transpires from the record that the present petitioner was arraigned as an accused subsequent to the registration of the FIR, as his alleged involvement surfaced during the course of investigation. A bare perusal of Annexure-B, whereby the Investigating Officer sought to implead the petitioner as an accused, demonstrates that the petitioner was bracketed along with Mahesh @ Kani Hematbhai Parmar, who now stands acquitted.
5. In view of the above, and particularly in light of the categorical finding recorded by the learned trial Court leading to the acquittal of the co- accused, there appears to be no justifiable reason to direct the present petitioner to face trial.
6. In the result, the petition is allowed. The impugned FIR being 11210063200743 of 2020 registered with Singanpore-Dabholi Police Station, Surat and all the consequential proceedings arising therefrom are hereby quashed and set aside qua the petitioner herein. Rule is made absolute. Direct service is permitted.
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