Ahmedbhai Aadambhai Ghanchi vs State Of Gujarat
2023 Latest Caselaw 5737 Guj

                                                                                 NEUTRAL CITATION




     R/CR.MA/5500/2023                              ORDER DATED: 07/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 5500 of 2023

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                         AHMEDBHAI AADAMBHAI GHANCHI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                                Date : 07/08/2023

                                 ORAL ORDER

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 the complaint being Criminal Case No. 931 of 2022 and order dated 06.05.2022 passed by learned JMFC, Kodinar of issuing process against the petitioners.

2. Having heard learned advocate for the applicant and considering the averments made by petitioner and having considered the view taken by this court in the oral Judgment delivered in Criminal Misc. Application No. 5080 of 2023, specifically in para 8, wherein it is observed that;

NEUTRAL CITATION

R/CR.MA/5500/2023 ORDER DATED: 07/08/2023

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"8. The inherent powers under section 482 of the Code of Criminal Procedure or the extraordinary jurisdiction under Article 226 of the Constitution of India include the powers to quash the FIR, investigation or any criminal proceedings pending before the High Court or any court subordinate to it and are of wide magnitude and ramification. In exercise of powers conferred under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, exercise of inherent powers by the High Court would depend upon the facts and circumstances of each case. It is not permissible to have a straight jacket formula. No precise and inflexible guidelines can be provided. This Court does not find this to be a fit case where discretion under Section 482 of Cr.P.C. could be exercised in favour of the petitioner, as the petitioner herein has not availed the alternative remedy of appeal available to him."

3. Thus considering the aforesaid situation, this court is not inclined to accept the prayer made by the present applicant as the remedy is already available to the petitioner.

4. For the foregoing reasons, the present petition stands rejected with a liberty to approach the appropriate Court.

(SAMIR J. DAVE,J) K. S. DARJI