Gujarat High Court
Vishnuprasad Ishwarsinh Gadhvi vs State Of Gujarat1 on 20 March, 2023
Bench: Ilesh J. Vora
R/CR.MA/8699/2018 ORDER DATED: 20/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8699 of 2018
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VISHNUPRASAD ISHWARSINH GADHVI & 1 other(s)
Versus
STATE OF GUJARAT1
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Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1,2
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1,2
MR SP HASURKAR(345) for the Respondent(s) No. 2
MR LB DABHI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 20/03/2023
ORAL ORDER
1. By way of this application under Section 482 of the Code of
Criminal Procedure, the applicants - original accused have prayed
for quashing of the chargesheet, filed in connection with FIR being
CR No. I. 54 of 2014 registered with Lunavada Police Station, for
the offences punishable under Section 120B, 304 and 114 of Indian
Penal Code, qua present applicants.
2. The incident in question occurred on 19.07.2014. It is the case of
the prosecution that, deceased electrocuted by coming into contact
with high tension electric line and died on the spot. It is alleged that,
the applicants being a developers of the land, knowingly with all
intention leave the high tension live wire on the land, whereby,
committed the offence, culpable homicide not amounting to murder.
R/CR.MA/8699/2018 ORDER DATED: 20/03/2023
3. Mr. Mangukiya, learned counsel for the applicants would submit
that, the FIR against the co-accused Mr. R.S. Shah and others
already has been quashed by the co-ordinate bench of this Court vide
order dated 29.01.2016 passed in Special Criminal Application
(quashing) No. 304 of 2015. In such circumstances, case is squarely
covered by the decision of co-ordinate bench and therefore,
impugned FIR and consequential proceedings arising therefrom may
be quashed.
4. On the other hand, learned counsel Mr. S.P. Hasurkar, appearing for
respondent no. 2 and Mr. L.B. Dabhi, learned State Counsel have
vehemently opposed the prayer of quashing and contended that,
prima-facie, offence is made out against the applicants as they are
the persons to whom the development work awarded by the owner
and others. Thus, the decision of the co-ordinate bench will not
rescue to the case of applicants.
5. Having regard to the facts and circumstances to the present case and
on perusal of the decision of the co-ordinate bench, as referred
above, this Court is of the considered opinion that, case of the
applicants is squarely covered by the decision of co-ordinate bench
of this Court in para-8 of the judgment, observed that, "even if the
entire case of prosecution is accepted as proved, none of the
ingredients to constitute the offence of culpable homicide not
amounting to murder under Section 304 of Indian Penal Code is
satisfied. Relying on the decision of Girish Maganlal Pandya Vs.
State of Gujarat (Criminal Misc. Application No. 2942 of 2014
decided on 23.03.2015), the co-ordinate Bench of this Court,
R/CR.MA/8699/2018 ORDER DATED: 20/03/2023
quashed the questioned FIR.
6. In the aforesaid circumstances, the allegations made in the FIR and
chargesheet case papers even if they are taken it their face value and
accept as, as it is, do not prima-facie constitute an offence
punishable under Section 304 of Indian Penal Code, as upon bare
reading of the allegations leveled in the FIR and material produced
in the form of chargesheet, does not show that the applicants have
had any motive, intention or knowledge that it is likely to cause
death.
7. For the foregoing reasons, present application is allowed. The FIR
being CR No. I. 54 of 2014 registered with Lunavada Police Station
and consequential proceedings of the Sessions Case No. 18 of 2018
pending before the learned Sessions Court, Mahisagar at Lunavala
are quashed qua present applicants. Rule is made absolute. Direct
service permitted.
(ILESH J. VORA,J)
P.S. JOSHI
