Vishal Chhaganbhai Tandel vs State Of Gujarat
2025 Latest Caselaw 5964 Guj

Gujarat High Court

Vishal Chhaganbhai Tandel vs State Of Gujarat on 22 April, 2025

                                                                                                         NEUTRAL CITATION




                            R/CR.MA/22626/2019                              ORDER DATED: 22/04/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                          FIR/ORDER) NO. 22626 of 2019

                      ==========================================================
                                                 VISHAL CHHAGANBHAI TANDEL
                                                            Versus
                                                   STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      BHAGIRATH N PATEL(9016) for the Applicant(s) No. 1
                      MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
                      DS AFF.NOT FILED (R) for the Respondent(s) No. 2
                      MS. DIVYANGNA JHALA, APP for the Respondent(s) No. 1
                      ==========================================================

                           CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                        Date : 22/04/2025

                                                         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 CR No.III-564 of 2009 registered with Bilimora Police Station, Surat for the offences under Sections 66(1)(B), 65 (A)(E), 81, 116(2) 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.2189 of 2009, 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.2189 of 2009. Learned JMFC recorded acquittal of the accused on the ground that prosecution has failed to prove allegations levelled in the FIR.

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

NEUTRAL CITATION

R/CR.MA/22626/2019 ORDER DATED: 22/04/2025

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absurd process.

5. In the result, the application is allowed. The impugned FIR being CR No.III-564 of 2009 registered with Bilimora Police Station, Surat for the offences under Sections 66(1)(B), 65 (A)(E), 81, 116(2) 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