Sanjaykumar Ramchandra Barot vs State Of Gujarat
2023 Latest Caselaw 5925 Guj

                                                                                         NEUTRAL CITATION




     R/CR.MA/13585/2019                                  ORDER DATED: 11/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 13585 of 2019

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                      SANJAYKUMAR RAMCHANDRA BAROT
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR. MANOJ T DANAK(6264) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                 Date : 11/08/2023

                                  ORAL ORDER

1. By way of present application, under Section 482

of the Code of Criminal Procedure, 1973, the applicant seeks

quashment of the impugned FIR being C.R.-II No.3010 of

2018 registered with the Himatnagar 'A' Division Police

Station, District : Sabarkantha for the offences punishable

under Section 229(A) of the Indian Penal Code as well as

the proceedings arising out of the impugned FIR.

2. The brief facts of the prosecution case are that

the applicant was not remained present in the proceedings

being Criminal Case No.1023 of 2000 pending before the

Court concerned and thereby committed an offence by

jumping the conditions of the bail bond.

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R/CR.MA/13585/2019 ORDER DATED: 11/08/2023

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3. Heard learned advocates. Rule. Learned APP

waives service of notice of rule on behalf of the respondent -

State.

4. Learned advocate for the applicant submits that

the allegation on the applicant that the applicant was not

remained present inspite of repeated reminders in the Court

proceedings being Criminal Case No.1023 of 2000 pending

before the learned Chief Judicial Magistrate, Himatnagar and

thereby jumped the conditions of the bail bond. He has

submitted that the said proceedings are quashed by the Co-

ordinate Bench of this Court vide judgment and order dated

13.02.2019 recorded on Criminal Misc. Application No.16334 of

2017. He has submitted that in view of the said disposal of

the main proceedings, the impugned complaint would not

stand any further. He has submitted that this application

may be allowed.

5. Learned APP for the State fairly submits that the

main proceedings from which the impugned FIR is arisen are

quashed by this Court. He has submitted that appropriate

order may be passed.

6.1 I have heard learned advocates for the respective

parties. I have considered the material on record. From

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R/CR.MA/13585/2019 ORDER DATED: 11/08/2023

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record, it transpires that the main proceeding being Criminal

Case No.1023 of 2000 was qua Sections 420 and 114 of the

Indian Penal Code for the offence under the Negotiable

Instruments Act and was between other persons in which the

applicant stood as a guarantor and has given bail bond. In

the said proceeding, the applicant was not remained present

and therefore, the impugned FIR against the applicant under

Section 229(A) of the Indian Penal Code by the Registrar of

the Court of the Chief Judicial Magistrate, Himatnagar where

the original proceeding is pending.

6.2 The accused of the applicant of original case has

preferred Criminal Misc. Application No.16334 of 2017 before

this Court for quashment of the said proceedings, wherein

the Co-ordinate Bench of this Court has, vide judgment and

order dated 13.02.2019, quashed the main proceedings being

Criminal Case No.1023 of 2000.

6.3 In view of above, no fruitful purpose would be

served to continue with the impugned FIR as well as the

proceedings arising out of the impugned FIR. This application

therefore needs to be allowed and the impugned FIR as well

as the proceedings arising out of the impugned FIR, if any,

also need to be quashed.

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R/CR.MA/13585/2019 ORDER DATED: 11/08/2023

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7. For the reasons recorded above, this application is

allowed. The impugned FIR being C.R.-II No.3010 of 2018

registered with the Himatnagar 'A' Division Police Station,

District : Sabarkantha is hereby quashed and set aside, qua

the applicant only. Consequently, the proceedings arising out

of the impugned FIR, if any, are also hereby quashed and

set aside, qua the applicant only. Rule is made absolute

accordingly. Direct service is permitted.

(SANDEEP N. BHATT,J) M.H. DAVE