Rakesh Jayantilal Patel vs State Of Gujarat

Gujarat High Court

Rakesh Jayantilal Patel vs State Of Gujarat on 4 May, 2026

                                                                                                                  NEUTRAL CITATION




                            R/CR.RA/883/2017                                      JUDGMENT DATED: 04/05/2026

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL REVISION APPLICATION (AGAINST ORDER
                               PASSED BY SUBORDINATE COURT) NO. 883 of 2017


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                      ============================================

                                    Approved for Reporting                       Yes           No

                      ============================================
                                          RAKESH JAYANTILAL PATEL
                                                    Versus
                                          STATE OF GUJARAT & ORS.
                      ============================================
                      Appearance:
                      MR. BHAVIK A RAMANI(6969) for the Applicant(s) No. 1
                      MR. DIVYANG A RAMANI(7180) for the Applicant(s) No. 1
                      MS MONALI H. BHATT, APP for the Respondent(s) No. 1
                      RULE NOT RECD BACK for the Respondent(s) No. 4,5
                      RULE SERVED for the Respondent(s) No. 3
                      ============================================
                        CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                       Date : 04/05/2026

                                                             JUDGMENT

(1) By way of present revision application under Sections 397 and 401 of the Code of Criminal Procedure, the applicant has sought following relief:-

"(B) Your Lordships may be pleased to Quash and set aside the order dated 30.09.2016, passed below Exh-161 in Criminal Appeal No.32 of 1999 granting the benefit of probation to the respondents No.2 to No.5 and confirm the order passed by the trial Court sentencing the respondent to one year simple imprisonment pursuant to judgment and order dated 25.10.1999."

NEUTRAL CITATION R/CR.RA/883/2017 JUDGMENT DATED: 04/05/2026 undefined (2) Having heard the learned Advocate for the applicant and learned APP for the respondent - State, perusing the record it appears that the applicant is the original victim, whereas, the respondent nos.2 to 5 herein are the original accused. On 24.05.1992, Jayantibhai Khodabhai Patel i.e. father of the victim - applicant herein has lodged one FIR being I-C.R.No.174 of 1992, registered with Odhav Police Station, Ahmedabad, for the offences punishable under Section 324, 427 and 114 of the Indian Penal Code and Section 135(1) of the Bombay Police Act. Thereafter, trial was conducted and accused were convicted under Sections 324 and 114 of the IPC vide judgment dated 25.10.1999 in Criminal Case No.2919 of 1994, passed by the learned 7th Judicial Magistrate First Class, Mirzapur, Ahmedabad. The said order was assailed by way of filing Criminal Appeal No.32 of 1999, wherein, vide order dated 30.09.2016 the learned Additional Sessions Judge (Special), Mirzapur, Ahmedabad (Rural), has been pleased to extend the benefit of probation of good conduct to the accused - respondent nos.3 to 5, whereas, during the pendency of the appeal the accused no.1

- respondent no.2 herein was expired. Being aggrieved by the said order the applicant - victim has preferred the present revision application.

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NEUTRAL CITATION R/CR.RA/883/2017 JUDGMENT DATED: 04/05/2026 undefined (3) At the outset, it is worth to mention here that the alleged incident took place in the year 1994 thereafter, in the year 2016 the learned Session Court has extended the benefit of probation to the accused for one year. During the aforesaid period of probation no untoward incident took place or no any condition of good behaviour, conduct or maintaining peace was breached or violated by the accused - respondent nos.3 to 5 herein. In view of the above, as well as considering the long duration no case is made out to pass any direction to quash and set aside the aforesaid order extending the benefit of probation as no perversity is found in the impugned judgment passed by the learned Additional Sessions Judge in the Appeal. Even the learned Advocate for the applicant failed to point out any perversity or illegality in order of extending the benefit of probation to the accused by the Appellate Court. (4) In view of the above, present Criminal Revision Application stands dismissed. Record and proceedings, if any, be sent back to the concerned Court forthwith.

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