Hareshbhai Mathurbhai Chauhan vs State Of Gujarat
2023 Latest Caselaw 5973 Guj

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   R/CR.MA/14317/2023                              ORDER DATED: 17/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 14317 of 2023

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                    HARESHBHAI MATHURBHAI CHAUHAN
                                Versus
                          STATE OF GUJARAT
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Appearance:
MS HETVI H SANCHETI(5618) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR TIRTHRAJ PANDYA APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                            Date : 17/08/2023

                             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.111 of 2023 and order dated 03.03.2023 passed by learned Additional Chief Judicial Magistrate, Dhandhuka of issuing process against the petitioners.

2. Heard learned advocates for the petitioners, considered the averments made by petitioners so also 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

NEUTRAL CITATION

R/CR.MA/14317/2023 ORDER DATED: 17/08/2023

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is observed that;

"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 petitioners as the remedy is already available to the petitioners.

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

NEUTRAL CITATION

R/CR.MA/14317/2023 ORDER DATED: 17/08/2023

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appropriate Court.

(SAMIR J. DAVE,J) MISHRA AMIT V.