Vipul @ Punjo Ramabhai @ Sarmanbhai ... vs State Of Gujarat

Gujarat High Court

Vipul @ Punjo Ramabhai @ Sarmanbhai ... vs State Of Gujarat on 21 April, 2026

                                                                                                                       NEUTRAL CITATION




                             R/CR.MA/6399/2026                                         JUDGMENT DATED: 21/04/2026

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                            FIR/ORDER) NO. 6399 of 2026

                        FOR APPROVAL AND SIGNATURE:
                        HONOURABLE MR. JUSTICE VIMAL K. VYAS                                    sd/-
                        ==========================================================

                                     Approved for Reporting                       Yes              No
                                                                                                   No
                        ==========================================================
                             VIPUL @ PUNJO RAMABHAI @ SARMANBHAI KHAMBHLA(RABARI)
                                                     Versus
                                            STATE OF GUJARAT & ANR.
                        ==========================================================
                        Appearance:
                        MR DENISH V MAVADHIYA(9207) for the Applicant(s) No. 1
                        MS KRINA CALLA, LD. ADDL. PUBLIC PROSECUTOR for the
                        Respondent(s) No. 1
                        ==========================================================
                          CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                                            Date : 21/04/2026

                                                            ORAL JUDGMENT

1. RULE returnable forthwith. Learned APP Ms. Krina Calla waives service of notice of rule for and on behalf of the respondent no. 1 - State.

2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No.11203012220328 of 2022 lodged before the Chorwad Police Station, District Junagadh, for the offences punishable under Sections 465, 468, 471 of the Indian Penal Code and under Sections 65(a), Page 1 of 6 Uploaded by DIPTI PATEL(HC00191) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:03:12 IST 2026 NEUTRAL CITATION R/CR.MA/6399/2026 JUDGMENT DATED: 21/04/2026 undefined 65(e), 98(2), 81, 83 of the Gujarat Prohibition Act, as well as the proceedings of the Criminal Case No.170 of 2024 pending before the learned JMFC at Maliya Hatina, District Junagadh, so also all other consequential proceedings arising pursuant thereto.

3. Heard learned advocate Mr. Denish V. Mavadhiya appearing for the applicant-accused and learned APP Ms. Krina Calla appearing for the respondent no.1 - State.

4. Learned advocate Mr. Denish V. Mavadhiya appearing for the present applicant-accused has submitted that the FIR lodged by the complainant is palpably false. There is not an iota of evidence to implicate the present applicant- accused with the alleged offence. He has further submitted that the complainant has made general allegations against the applicant-accused, and no specific role has been attributed to the present applicant- accused. He has further submitted that the name of the present applicant has been revealed from the statement of the co- accused, who were found in conscious possession of the liquor and except the statement of the co-accused, there is no incriminating evidence on record against the present applicant- accused.

5. Learned advocate Mr. Denish V. Mavadhiya has submitted that the impugned FIR, even if it is taken at its face value, could not even establish the offence as alleged.

NEUTRAL CITATION R/CR.MA/6399/2026 JUDGMENT DATED: 21/04/2026 undefined He has submitted that the present applicant was not found in conscious possession of the liquor, and he was not the owner of the vehicle, from which, the liquor was found and seized. Learned advocate has further submitted that the present applicant has nothing to do with the persons, who were found in conscious possession of the liquor and there is no evidence of any call records produced by the prosecution to suggest that the present applicant and the accused persons were in contact.

6. Learned advocate Mr.Denish Mavadhiya has further submitted that this Court has already quashed and set aside the FIR qua the co-accused, namely, Ravi Hamirbhai Bharai, vide order dated 25.02.2026 in Criminal Misc. Application No.1738 of 2026. He has, therefore, urged that considering the above, the present application may be allowed and the impugned FIR may be quashed and set- aside.

7. Learned APP Ms. Krina Calla appearing for the respondent No.1 - State has vehemently opposed the present application and has submitted that it is true that the present applicant has been arraigned as an accused solely on the basis of the statement of the co-accused, however, as per Section 10 of the Evidence Act, the statement of the co-accused would be relevant for the purpose of investigation since it gives a clue or a piece of Page 3 of 6 Uploaded by DIPTI PATEL(HC00191) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:03:12 IST 2026 NEUTRAL CITATION R/CR.MA/6399/2026 JUDGMENT DATED: 21/04/2026 undefined information to inquire or investigate as to the role played by the accused in the commission of the offence, and if any satisfactory and reliable evidence or material is found during the course of the investigation in support of the said statement given by the co-accused, certainly, the person against whom the said evidence is available, would be liable for prosecution. Learned APP Ms. Calla has also submitted that the present applicant- accused has four antecedents of a similar type of offence. Therefore, having regard to the aforesaid, learned APP has urged that the present application may not be entertained and the same may be rejected.

8. Having perused the entire materials on record, it prima facie appears that the present applicant has been arraigned as an accused solely on the basis of the statement of the co- accused, namely, Ravi Hamirbhai Bharai and this Court has quashed and set aside the FIR qua him vide order dated 25.02.2026 in Criminal Misc. Application No.1738 of 2026.

The Investigating Officer is present before this Court with the original papers. While going through the same, it appears that except the statement of the co-accused, there is no connecting material found to implicate the present applicant in the alleged offence. It also appears that the present applicant was not found in conscious possession of the liquor nor was the owner of the alleged vehicle, from which, the liquor was found and seized.

NEUTRAL CITATION R/CR.MA/6399/2026 JUDGMENT DATED: 21/04/2026 undefined

9. This Court is conscious of the fact that the statement of the co-accused is relevant for the purpose of investigation as per Section 10 of the Evidence Act. However, this Court also cannot ignore the fact that substantial investigation is over. This Court has also perused the investigation papers, and found that except the statement of the co-accused, there is no incriminating evidence on record. The entire case of the prosecution rests upon the statement of co-accused.

10. In view of the aforesaid, in absence of any incriminating materials on record, the further continuation of the criminal proceedings pursuant to the impugned FIR against the present applicant-accused would be nothing but futile exercise.

11. Having heard learned advocates appearing for the respective parties and having considered the arguments canvassed by them as well as taking into consideration the averments made in the application, this Court is of the opinion that there is hardly any likelihood of the applicant- accused being convicted on the face of such FIR. Thus, it appears from the aforesaid that sending the applicant - accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law. Therefore, I am of the considered opinion that the matter requires consideration, and to secure the ends of justice, Page 5 of 6 Uploaded by DIPTI PATEL(HC00191) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:03:12 IST 2026 NEUTRAL CITATION R/CR.MA/6399/2026 JUDGMENT DATED: 21/04/2026 undefined the impugned FIR is required to be quashed and set-aside in exercise of powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

12. In the result, the application is allowed. The First Information Report No. 11203012220328 of 2022 lodged before the Chorwad Police Station, District Junagadh, for the offences punishable under Sections 465, 468, 471 of the Indian Penal Code and under Sections 65(a), 65(e), 98(2), 81, 83 of the Gujarat Prohibition Act, as well as the proceedings of the Criminal Case No.170 of 2024 pending before the learned JMFC at Maliya Hatina, District Junagadh, are hereby ordered to be quashed and set-aside qua the present applicant-accused. All other consequential proceedings arising pursuant thereto are also quashed and set-aside qua the present applicant-accused.

Rule made absolute. Direct service is permitted.

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(VIMAL K. VYAS, J) DIPTI PATEL Page 6 of 6 Uploaded by DIPTI PATEL(HC00191) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:03:12 IST 2026