Gujarat High Court
Mayursinh Bharatsinh Zala vs State Of Gujarat on 16 June, 2023
Bench: Sandeep N. Bhatt
R/CR.MA/23921/2017 ORDER DATED: 16/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 23921 of 2017
==========================================================
MAYURSINH BHARATSINH ZALA
Versus
STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
MR DARSHIL KAMDAR, ADVOCATE for MR ASHISH M DAGLI(2203) for the
Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 16/06/2023
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 CR-II No.352 of 2017
registered with the Nadiad Town Police Station, Nadiad for
the offences punishable under Sections 323, 504, 506(2), 507
and 114 of the Indian Penal Code.
2. While issuing notice, vide order dated 04.10.2017,
the Co-ordinate Bench of this Court has passed the following
order and granted interim protection :
"Notice returnable on 14.11.2017. Learned Public
Prosecutor waives service of notice on behalf of
R/CR.MA/23921/2017 ORDER DATED: 16/06/2023
respondent - State.
Till the next date of hearing, no coercive steps shall
be taken against the present applicant. However, the
Investigating Officer may proceed further with the
investigation.
Direct service to rest of the respondent through
concerned Police Station is permitted and to be served
on or before 3.11.2017 and affidavit of service has to
be filed by the petitioner on or before 3.11.2017,
failing which ad-interim relief granted shall
automatically stand vacated."
3. Learned APP has tendered a report submitted by
the Police Inspector, Nadiad Town Police Station, Nadiad
dated 16.06.2023, which is taken on record.
4. Looking to the report submitted by the learned
APP, charge-sheet is not filed against the present applicant,
who is also one of the accused.
5. Learned advocate Mr. Darshit Kamdar for learned
advocate Mr. Ashish Dagli for the applicant has tendered a
copy of the judgment recorded on Criminal Case No.1769 of
2019 dated 01.04.2023, whereby all the applicants of that
matter got acquitted by the learned trial Court - the Chief
R/CR.MA/23921/2017 ORDER DATED: 16/06/2023
Judicial Magistrate, Nadiad. The applicants in that matter
are the co-accused. He has submitted that the present
applicant is shown as accused No.3 in the impugned FIR and
his role is at par with accused No.4, who is acquitted by the
learned trial Court. He has submitted that this application
may be allowed.
6. Rule. Learned APP waives service of notice of rule
on behalf of the State. Though served, respondent No.2 -
complainant has chosen not to appear and contest this
application before this Court.
7. It is noted that on bare perusal of the FIR, this
Court is of the opinion that prima facie, offence is not made
out against the present applicant. Moreover, considering the
judgment of acquittal recorded by the learned trial Court in
the case of other co-accused, where similar role is shown in
the FIR of those accused, there is settlement arrived at
between the parties before the learned trial Court and
thereby, they are acquitted by the learned trial Court. In
view of this, no fruitful purpose would be served to continue
with the proceedings qua the applicant. Further, in view of
catena of decisions of the Hon'ble Supreme Court of India,
this petition therefore need to be allowed.
R/CR.MA/23921/2017 ORDER DATED: 16/06/2023
8. For the reasons recorded above, the following order
is passed.
8.1 This application is allowed.
8.2 The impugned FIR being CR-II No.352 of 2017
registered with the Nadiad Town Police Station, Nadiad is
quashed and set aside qua applicant only.
8.3 The proceedings arising from the impugned FIR, if
any, are also hereby quashed and set aside qua applicant
only.
8.4 Rule is made absolute accordingly.
Direct service is permitted.
(SANDEEP N. BHATT,J)
M.H. DAVE
