Gujarat High Court
Baldevsinh Bhagwansinh Dabhi vs State Of Gujarat on 5 May, 2025
NEUTRAL CITATION
R/SCR.A/2625/2020 ORDER DATED: 05/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2625 of 2020
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BALDEVSINH BHAGWANSINH DABHI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
DARSHIT R BRAHMBHATT(8011) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
MR SOHAM JOSHI, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 05/05/2025
ORAL ORDER QUA OFFENCE U/S 332 OF THE IPC
Learned advocate for the applicant does not press present petition qua offence u/s 332 of the IPC. Accordingly, present petition stands disposed of as not pressed qua offence u/s 332 of the IPC.
It is clarified that this Court has not examined the merits of the matter.
ORAL ORDER QUA OFFENCE U/S 186 OF THE IPC
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner has prayed for quashing and setting aside FIR being C.R.No.I - 11204041200144 registered with Memdavad Police Station for the offences punishable under Section 186 of Page 1 of 4 Uploaded by SHEKHAR P. BARVE(HC00200) on Mon May 05 2025 Downloaded on : Tue May 06 04:36:35 IST 2025 NEUTRAL CITATION R/SCR.A/2625/2020 ORDER DATED: 05/05/2025 undefined the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein for offence under Section 186 of the IPC.
2. Brief facts of the case are as under:-
2.1 The complainant name Anandsinh Jashwantsinh have file a complaint before memdavad police station against one accused person.
2.2 The allegation in the complaint is that, on dated 26.03.2020 the complainant who is the police head constable who was performing his duty in a current pandemic situation and as the whole country is under lockdown and the accused on bike No. that day was passing thorough his GJ-07-CK-8172 and when the complainant have for his ID he misbehave with the complainant and also abuse him and tear his shirt.
2.3 It is submitted that; hence the complainant has filed the complaint on same day on dated 26.03.2020 against 1 accused person.
3. Heard learned advocates for the respective parties.
4. What could be noticed that offence u/s 186 of the IPC is alleged against the petitioner in the FIR. In view of section 195(1)(a) of the IPC, the Court is not competent to take cognizance of the offence u/s 172 to 188 (both inclusive) of the IPC without having complaint in writing by the public servant in person. A complaint as defined in section 2(d) of the Code of Page 2 of 4 Uploaded by SHEKHAR P. BARVE(HC00200) on Mon May 05 2025 Downloaded on : Tue May 06 04:36:35 IST 2025 NEUTRAL CITATION R/SCR.A/2625/2020 ORDER DATED: 05/05/2025 undefined Criminal Procedure, 1973 means that the allegation made orally or in writing to a Magistrate, with the intent of the Magistrate taking action under the Code. In the present case, offence u/s 186 of the IPC is alleged in the FIR is not complete.
5. The issue is squarely covered by the judgment of this Court in case of Rajendra Nilkanthbhai Mishra Versus State Of Gujarat, 2023 (0) JX(Guj) 526.
6. In the case of State of Haryana Vs. B.Bhajanlal & ors., AIR 1992 SC 604, the Hon'ble Apex Court summed up the proposition of law, which reads as under:-
"(1) Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(2) Where the allegations ins the F.I.R. and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under S.156(1) of the Code except under an order of a Magistrate within the purview of S.155(2) of the code.
(3) Where, the uncontroverted allegations made in the F.I.R. or complaint and the evidence collected in support of the same donot disclose the commission of any offence and make out the case against the accused.
(4) Where, the allegations in the F.I.R. do not constitute a cognizable offence but constitute only a non-
cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under S.155(2) of the Code.
(5) Whether, the allegations made in the F.I.R. or Page 3 of 4 Uploaded by SHEKHAR P. BARVE(HC00200) on Mon May 05 2025 Downloaded on : Tue May 06 04:36:35 IST 2025 NEUTRAL CITATION R/SCR.A/2625/2020 ORDER DATED: 05/05/2025 undefined complaint are sO absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(6) Where, there is an express legal bare engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) toi the institution and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."
6.1 The findings of the Hon'ble Apex Court in para 1,3,5 and 7 are attracted in the present case. In view of above, present petition deserves consideration.
7. Resultantly, present petition is allowed and impugned FIR being C.R.No.I - 11204041200144 registered with Memdavad Police Station for the offences punishable under Section 186 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein for offence under Section 186 of the IPC is hereby quashed and set aside. Direct service is permitted.
(J. C. DOSHI,J) SHEKHAR P. BARVE Page 4 of 4 Uploaded by SHEKHAR P. BARVE(HC00200) on Mon May 05 2025 Downloaded on : Tue May 06 04:36:35 IST 2025