Pravinbhai Ramubhai Patel vs State Of Gujarat
2025 Latest Caselaw 5686 Guj

Gujarat High Court

Pravinbhai Ramubhai Patel vs State Of Gujarat on 15 April, 2025

                                                                                                           NEUTRAL CITATION




                            R/CR.MA/14706/2019                                ORDER DATED: 15/04/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                          FIR/ORDER) NO. 14706 of 2019

                                                        With
                                     R/CRIMINAL MISC.APPLICATION NO. 14074 of 2019
                      ==========================================================
                                                  PRAVINBHAI RAMUBHAI PATEL
                                                            Versus
                                                   STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
                      MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1
                      NOTICE SERVED BY DS for the Respondent(s) No. 2
                      MR. UTKARSH SHARMA, APP for the Respondent(s) No. 1
                      ==========================================================

                           CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                          Date : 15/04/2025

                                                        COMMON 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 CR No.III-1527 of 2019 registered with Sachin GIDC Police Station, Surat for the offences under Sections 65(C)(E)(F), 81 and 83 of the Prohibition Act 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.58607 of 2019, which are taken on record.

3. Notably, co-accused, who alleged to have similar or less role in committing of offence have been acquitted in Criminal Case No.58607 of 2019. Learned JMFC recorded acquittal of the accused on the ground that

NEUTRAL CITATION

R/CR.MA/14706/2019 ORDER DATED: 15/04/2025

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prosecution has failed to prove allegations levelled in the FIR.

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 CR No.III-1527 of 2019 registered with Sachin GIDC Police Station, Surat for the offences under Sections 65(C)(E)(F), 81 and 83 of the Prohibition Act 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) MANISH MISHRA