Rajesh Dalsukhbhai Parekh vs State Of Gujarat
2023 Latest Caselaw 4058 Guj

     R/CR.MA/22247/2017                              ORDER DATED: 05/06/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 22247 of 2017

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                          RAJESH DALSUKHBHAI PAREKH
                                    Versus
                          STATE OF GUJARAT & 1 other(s)
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Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR. SOAHAM JOSHI, ASSISTANT PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                 Date : 05/06/2023
                                  ORAL ORDER

1. This application is filed under the provisions of 482 of

the Criminal Procedure Code, 1973.

2. The applicant has prayed that F.I.R. being C.R. III -

99 of 2017 dated 10.5.2017 registered before the Khatodara

Police Station, Surat be quashed and set aside.

3. Rule. Learned APP Mr. Soaham Joshi waives service of

notice of Rule on behalf of respondent No.1 - State. Rule is

made returnable forthwith.

4. With the consent of learned advocates for the parties,

this application is taken up for final disposal.

R/CR.MA/22247/2017 ORDER DATED: 05/06/2023

5. Learned advocate Mr. Gajendra Baghel appearing for

the applicant has submitted that F.I.R. being C.R. III - 99

of 2017 dated 10.5.2017 came to be registered before the

Khatodara Police Station, Surat for the offences punishable

under Section 66(1)(b), 68 and Section 84 of the Prohibition

Act. He has submitted that in the said F.I.R., applicant is

one of the accused. After registration of the F.I.R.,

Investigating Office without going into the matter has carried

out the investigation. He has drawn my attention towards

the fact that permit, which is only for consuming the liquor,

is valid till 2017. He has also drawn my attention towards

the judgment of the Co-ordinate Bench of this Court in the

cases of (i) Ajay Chandubha Jadeja versus State of Gujarat

rendered in Criminal Misc. Application No.18197 of 2016

dated 11.11.2016 (ii) Niyamata Ali @ Munnabhai Ahemadbhai

Raj versus State of Gujarat rendered in Special Criminal

Application (Quashing) NO.367 of 2015 dated 25.2.2015 and

(iii) Akram Nizar Ahmed Shaikh versus State of Gujarat

rendered in Criminal Misc. Application No.8853 of 2001 dated

2.5.2002. He has also drawn my attention towards the fact

that the liquor, which is found at the place of incident is

total amounting of Rs.900/-, which consisting of bottle of

English Liquor and one Beer and in any case, the view

which is taken by the Co-ordinate Bench of this Court, the

present F.I.R. is required to be quashed.

R/CR.MA/22247/2017 ORDER DATED: 05/06/2023

6. Learned APP Mr. Soaham Joshi for respondent No.1 -

State has submitted that as such there is involvement found

of the present applicant at the place of incident and there is

no material available on the record to show that applicant

has committed any breach of permit. There is no material to

show that applicant is also connected with any further

offence of the same nature and therefore, he has prayed to

pass appropriate order after considering the materials

available on the record.

7.1 I have considered the arguments raised by the learned

advocates appearing for the respective parties. I have also

gone through the materials produced on the record. I have

also perused the order passed by this Court in similar

matters.

7.2 In view of the aforesaid, I am of the opinion that when

there is no material against the applicant except three bottles

found from the place of the incident and more particularly,

there is permit which is available on the record. I am of the

opinion that this is a fit case where the Court should

exercise its discretion by exercising the powers under Section

482 of the Criminal Procedure Code, 1973 and when the

Court has prima facie found that there is no fruitful purpose

will serve to compel the applicant to face the trial and also

R/CR.MA/22247/2017 ORDER DATED: 05/06/2023

considering the judgment of the Hon'ble Apex Court in the

case of State of Haryana versus Bhajan Lal and Others

reported in AIR (1992) SC 604, and also considering the

judgments of Co-ordinate Bench of this Court, which is

produced on the record, and also to order, which would meet

the ends of justice, this Court should exercise the powers

under Section 482 of the Criminal Procedure Code, 1973 in

the facts and circumstances of the present case.

8. Accordingly, this application is allowed. Impugned F.I.R.

being C.R. III - 99 of 2017 dated 10.5.2017, registered before

the Khatodara Police Station, Surat qua the applicant is

hereby quashed and set aside. Rule is made absolute to the

aforesaid extent. Direct service is permitted.

(SANDEEP N. BHATT,J) DIWAKAR SHUKLA