Divyesh Maheshbhai Kamli vs State Of Gujarat
2025 Latest Caselaw 5575 Guj

Gujarat High Court

Divyesh Maheshbhai Kamli vs State Of Gujarat on 8 April, 2025

                                                                                                           NEUTRAL CITATION




                            R/CR.MA/8491/2021                                 ORDER DATED: 08/04/2025

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                                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                     FIR/ORDER) NO. 8491 of 2021

                      ==========================================================
                                                 DIVYESH MAHESHBHAI KAMLI
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR MINESH D ERINPURIA(8512) for the Applicant(s) No. 1
                      NOTICE SERVED for the Respondent(s) No. 2
                      MR MANAN MAHETA, ADDL.PUBLIC PROSECUTOR for the
                      Respondent(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                          Date : 08/04/2025
                                                            ORAL ORDER

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the FIR being C.R.No.11200051210602 of 2021 registered with Dungra Police Station, Valsad for the offences under Sections 65(a), 65(e), 81, 98(2) and 116(B) of the Prohibition Act and Sections 465, 468, 71 and 114 of IPC and all the consequential proceedings arising therefrom.

2. Learned APP has placed on record the report as well as copy of judgment and order passed in Criminal Case No.6285 of 2022, which are taken on record.

3. The petitioner and other accused have been acquitted in Criminal Case No.6285 of 2022. Learned JMFC recorded acquittal of the accused on the ground that prosecution has failed to prove allegations levelled in the FIR.

NEUTRAL CITATION

R/CR.MA/8491/2021 ORDER DATED: 08/04/2025

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4. In view of above, putting present applicant in trial would be absurd process.

5. In the result, the application is allowed. The impugned FIR being C.R.No.11200051210602 of 2021 registered with Dungra Police Station, Valsad for the offences under Sections 65(a), 65(e), 81, 98(2) and 116(B) of the Prohibition Act and Sections 465, 468, 71 and 114 of IPC and all the consequential proceedings arising therefrom are hereby quashed and set aside qua the applicant herein. Direct service is permitted.

(J. C. DOSHI, J) GAURAV J THAKER