Ashish Randhir Sinh Rajput vs State Of Gujarat
2023 Latest Caselaw 325 Guj

                                Modification of Order dtd.
     R/CR.MA/23128/2022     19/12/2022 in R/CR.MA/23128/2022ORDER DATED: 11/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 23128 of 2022

       [On note for speaking to minutes of order dated 19/12/2022 in
                          R/CR.MA/23128/2022 ]

==========================================================
                          ASHISH RANDHIR SINH RAJPUT
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
HIREN P KANDERA(9497) for the Applicant(s) No. 1,2,3,4,5,6,7,8,9
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
MR SOHAM JOSHI, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                 Date : 11/01/2023

                                   ORAL ORDER

1. Considering the averments made in the Note for Speaking to Minutes, the same is allowed.

2. In the cause title of order dated 19.12.2022, the name of applicant no.1 be substituted and be read as "Ashish Amardharisinh Rajput".

3. Registry to carry out the necessary corrections in the order and issue a fresh writ of the same. Rest of the order shall remain unaltered.

(ILESH J. VORA,J) TAUSIF SAIYED

Present Order is modified vide R/CR.MA/23128/2022 Order dtd. 11/01/2023 in ORDER DATED: 19/12/2022 R/CR.MA/23128/2022

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 23128 of 2022

========================================================== ASHISH RANDHIR SINH RAJPUT Versus STATE OF GUJARAT ========================================================== Appearance:

HIREN P KANDERA(9497) for the Applicant(s) No. 1,2,3,4,5,6,7,8,9

========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

Date : 19/12/2022

ORAL ORDER

1. Heard Mr. Hiren Kandera, learned counsel for the applicants.

2. By this application, the applicants pray for quashing of FIR being C.R.No. 11191047210036 of 2021 registered with East Mahila Police Station, Ahmedabad City, for the offence under Sections 498(a), 294(b), 506(1)(2) and 114 of Indian Penal Code, Section 4 of Dowry Prohibition Act and other consequential proceedings arising therefrom.

3. Ld. counsel submitted that earlier Respondent No.2 had lodged the FIR for the same offence against accused Nos.1 to 5, in which the learned trial Court after appreciating the evidence, acquitted the accused on merits. It is in this context, submitted that, after two years of acquittal of the accused, respondent No.2 again lodged the impugned FIR, wherein, similar kind of allegations alleged against the applicants. In such circumstance, he submitted that, once a person is acquitted, he shall not be tried for the same offence.

Present Order is modified vide R/CR.MA/23128/2022 Order dtd. 11/01/2023 in ORDER DATED: 19/12/2022 R/CR.MA/23128/2022

4. Having considered the allegations levelled against the applicants and judgment of the acquittal as referred above, prima facie it appears that Respondent No.2 has misused the process of law.

5. In such circumstances, matter deserves consideration. Hence, Rule, returnable on 27.04.2023. Learned APP waives Rule for the respondent State. Meanwhile, ad-interim relief in terms of para 9 (C) is granted. Direct Service is permitted.

(ILESH J. VORA,J)

SUCHIT