Bhavesh @ Bhavik Laljibhai ... vs State Of Gujarat
2021 Latest Caselaw 5000 Guj

        R/CR.MA/4446/2021                                    ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION NO. 4446 of 2021
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               BHAVESH @ BHAVIK LALJIBHAI KUKADIYA
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
for the Respondent(s) No. 2
Mr. Manan Mehta, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 01/04/2021

                             ORAL ORDER

By way of present application, the applicant has prayed to

quash and set aside the FIR being I-CR No. 11823017210146

of 2021 registered with Rajpipla Police Station, Dist.

Narmada for the offence punishable under Sections 465, 467,

468, 469, 471, 336 and 114 of the IPC as well as Sections 30

and 35 of the Gujarat Medical Practice Act, 1963 and further

prayed to stay the further proceedings thereof till final disposal

of this application.

Heard learned advocate for the applicant.

It was submitted by learned advocate for the applicant

that two FIRs were registered against the present applicant

wherein, all the allegations in the opinion of the prosecuting

R/CR.MA/4446/2021 ORDER

agency consisted of the same transaction, based on same bundle

of facts. Therefore, second FIR is not permissible. In support of

his arguments, learned advocate for the applicant relied upon

the judgment of the Apex Court rendered in case of

T.T.Antony Vs. State of Kerala reported in AIR 2001 SC

2637 wherein, it is held that if more serious offences are

disclosed, the second FIR would not be permissible, that may

be addition of further offences in the said FIR. That, two FIRs

in relation to same course of transaction are not permissible.

Issue requires consideration.

Notice returnable on 29.4.2021. Learned APP waives

service of notice for and on behalf of the respondent No.1-

State.

(B.N. KARIA, J) BEENA SHAH