Pratapsinh Kiritsinh Rana vs State Of Gujarat
2023 Latest Caselaw 8037 Guj

                                                                                   NEUTRAL CITATION




      R/CR.MA/24018/2022                           ORDER DATED: 02/11/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                    FIR/ORDER) NO. 24018 of 2022

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                           PRATAPSINH KIRITSINH RANA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR. KALRAV R PATEL(7041) for the Applicant(s) No. 1
MS. NILI K PATEL(7043) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS CM SHAH, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
                      Date : 02/11/2023
                       ORAL ORDER

1. By way of this application under Section 482 of Code of

Criminal Procedure, 1973, the applicant - accused seeks to

invoke inherent powers of this Court, for quashing the

impugned FIR being C.R.No.3149 of 2012 lodged with

Khokhra Police Station, Ahmedabad as well as chargesheet

and further prays to quash the proceedings arising out of

the impugned FIR being Criminal Case No.702472 of 2012

pending before the learned Metropolitan Magistrate Court

No.7, Ahmedabad.

2. Learned advocate for the applicant - accused submitted

that the police official is not empowered to register a case

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R/CR.MA/24018/2022 ORDER DATED: 02/11/2023

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under Section 188 and same is barred under Section 195

of the Code of Criminal Procedure, 1973. In this context, it

is submitted that there must be a complaint by the public

servant for the alleged offence and it is mandatory to file a

written complaint and non-compliance of the same would

vitiate the prosecution and therefore, in the facts of the

present case, the learned Magistrate Court cannot take

cognizance after filing of the chargesheet since the FIR is

not filed by the authorized officer and thus, he prays that

the entire prosecution is vitiated, considering the bar

under Section 195(1)(a)(i) of the Code of Criminal

Procedure.

3. In support of the aforesaid contentions, strong reliance has

been placed on the case of Soni Dineshkumar Dahyalal

Vs. State of Gujarat (Criminal Misc. Application

No.17270/2012).

4. On the other hand, learned APP for the respondent - State

fairly stated that the complaint, as contemplated under

Section 195 of the Cr.P.C. has not been filed by the officer

concerned. However, learned APP submitted that the Trial

Court can take cognizance of the other offences punishable

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under the Penal Code.

5. Heard learned counsel for the respective parties and upon

perusal of the chargesheet case papers, this Court is of the

opinion that the issue is squarely covered by the judgment

of this Court in the case of Goverdhankumar Thakordas

Asrani Vs. State of Gujarat (Criminal Misc. Application

No.24632/2015), wherein after considering the statutory

provisions as well as law laid down by the Apex Court on

the issue, it was held that the entire prosecution fails on

the ground that, no cognizance could have been taken by

the Trial Court for the offence punishable under Section

186 of the IPC upon a police report in view of the specific

bar under Section 195 of the Cr.P.C.

6. In light of the settled position of law and considering the

facts of the present case, this application succeeds and is

hereby allowed. The impugned FIR being C.R.No.II-2 of

2018, dated 11.01.2018 lodged with Santrampur Police

Station, Mahisagar as well as chargesheet and proceedings

arising out of the impugned FIR being Criminal Case

No.410 of 2018 pending before the learned Additional Chief

Judicial Magistrate First Class, Santrampur are hereby

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R/CR.MA/24018/2022 ORDER DATED: 02/11/2023

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quashed. All the consequential proceedings pursuant

thereto stand terminated. Rule is made absolute to the

aforesaid extent.

7. It is clarified that it is open for the State to file a fresh

proceedings against the applicant by following the

procedure prescribed by law.

Direct Service is permitted.

(ILESH J. VORA,J) Rakesh