State Of Gujarat vs Hitesh Viththalbhai Prajapati
2025 Latest Caselaw 5966 Guj

Gujarat High Court

State Of Gujarat vs Hitesh Viththalbhai Prajapati on 22 April, 2025

                                                                                                              NEUTRAL CITATION




                             R/SCR.A/3557/2015                                  ORDER DATED: 22/04/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3557 of 2015

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                                                       STATE OF GUJARAT
                                                             Versus
                                                 HITESH VITHTHALBHAI PRAJAPATI
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                       Appearance:
                       MS DIVYANGNA JHALA, APP for the Applicant(s) No. 1
                       MR ASHISH M DAGLI(2203) for the Respondent(s) No. 1
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                         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 (hereinafter referred to as "the Code"), the petitioner prayed to quash and set aside order dated 23.01.2015 passed by the learned Addl. Sessions Judge, Kheda Nadiad in Criminal Appeal No.59 of 2013 and thereby revive order dated 14.03.2013 passed by the learned JMFC, Kapadvanj in Criminal Case No.1539 of 2008.

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 354, 509, 506(2) of the IPC. 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 RI for two years for the

NEUTRAL CITATION

R/SCR.A/3557/2015 ORDER DATED: 22/04/2025

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offence u/s 354 and 509 of the IPC, however, acquitted the accused for the offence punishable u/s 506(2) of the IPC by judgment and order dated 14.03.2013. Against the said order, the accused challenged the same before the learned Sessions Court by filing Criminal Appeal No.59 of 2013. The learned Sessions Court after hearing all the parties concerned, vide impugned judgment and order dated 23.01.2015 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) SATISH