State Of Gujarat Through Gajendrakumar ... vs Ishwarji Anarji Thakor (Owner)
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Gujarat High Court

State Of Gujarat Through Gajendrakumar ... vs Ishwarji Anarji Thakor (Owner) on 8 April, 2025

                                                                                                             NEUTRAL CITATION




                            R/SCR.A/6478/2016                                  ORDER DATED: 08/04/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6478 of 2016

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                        STATE OF GUJARAT THROUGH GAJENDRAKUMAR CHIMANLAL TADVI
                                                  Versus
                                     ISHWARJI ANARJI THAKOR (OWNER)
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                      Appearance:
                      MR MANAN MEHTA, ADDL. PUBLIC PROSECUTOR for the Applicant(s) No.
                      1
                      MR. ARCHIT P JANI(7304) for the Respondent(s) No. 1
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                         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 (hereinafter referred to as "the Code"), the petitioner prayed to quash and set aside order dated 31.3.2016 passed by the learned 2nd Addl. Sessions Judge, Patan in Criminal Appeal NO.8 of 2010 and thereby revive order dated 3.2.2010 passed by the learned JMFC, Patan in Criminal Case No.2563 of 2009.

2. Heard learned advocates for the respective parties.

3. On perusal of the record, what could be noticed that criminal case was filed against the accused for the offences punishable u/s 2(i), 7(vi), 16(1-A)(ii) of the Food Adulteration Act. The learned JMFC after considering the evidence on record was pleased to convict the accused u/s 248(2) of the Code of Criminal Procedure, 1973 and was pleased to sentence him for

NEUTRAL CITATION

R/SCR.A/6478/2016 ORDER DATED: 08/04/2025

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SI for one year for the aforesaid offences by judgment and order dated 3.2.2010. Against the said order, the accused challenged the same before the learned Sessions Court by filing Criminal Appeal No.8 of 2010. The learned Sessions Court after hearing all the parties concerned, vide impugned judgment and order dated 31.3.2016 allowed the appeal by quashing and setting aside the order of the learned trial Court.

4. The State intended to challenge said judgment and order by filing Special Criminal Application under Article 226 and 227 of the Constitution of India r/w section 482 of the Code of Criminal Procedure, 1973. However, against the order of the learned Sessions Court, Criminal Revision Application u/s 397 r/w section 401 of the Code of Criminal Procedure, 1973 is maintainable and therefore, present petition requires to be dismissed.

5. In the result, present petition fails and stands dismissed. Rule discharged.

(J. C. DOSHI,J) SHEKHAR P. BARVE