Nileshkumar Kanchanlal Ajmeri vs State Of Gujarat
2025 Latest Caselaw 5965 Guj

Gujarat High Court

Nileshkumar Kanchanlal Ajmeri vs State Of Gujarat on 22 April, 2025

                                                                                                         NEUTRAL CITATION




                            R/CR.MA/23978/2019                              ORDER DATED: 22/04/2025

                                                                                                          undefined




                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                          FIR/ORDER) NO. 23978 of 2019

                      ==========================================================
                                              NILESHKUMAR KANCHANLAL AJMERI
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR BHAVIN S RAIYANI(3855) for the Applicant(s) No. 1
                      MS. DIVYANGNA JHALA, APP for the Respondent(s) No. 1
                      RULE SERVED BY DS for the Respondent(s) No. 2
                      ==========================================================

                           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-260 of 2019 registered with Gandevi Police Station, Navasari for the offences under Sections 65(a)(e), 81 and 98(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.5564 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.5564 of 2019. 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/23978/2019 ORDER DATED: 22/04/2025

undefined

absurd process.

5. In the result, the application is allowed. The impugned FIR being CR No.III-260 of 2019 registered with Gandevi Police Station, Navasari for the offences under Sections 65(a)(e), 81 and 98(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