Gujarat High Court
Imtiyaz @ Lalo Bhikhubhai Raoma vs State Of Gujarat on 4 August, 2025
NEUTRAL CITATION
R/CR.MA/24295/2017 ORDER DATED: 04/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 24295 of 2017
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IMTIYAZ @ LALO BHIKHUBHAI RAOMA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR BHAVIN S RAIYANI(3855) for the Applicant(s) No. 1,2,3,4,5,6
MR.KUNAL R.DESAI(3899) for the Respondent(s) No. 2
MR. SOHAM JOSHIPUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 04/08/2025
ORAL ORDER
1. By way of this petition, under Section 482 of the Code
of Criminal Procedure, 1973, the petitioners have prayed to
quash and set aside the FIR registered with Thorala Police
Station, Rajkot vide C.R No. I-75 of 2017 for the offences
punishable under Sections 307, 143, 147, 148, 149, 504,
506(2) of the Indian Penal Code under Sections 25(1-B), (A)
of the Arms Act and under Section 135(1) of Gujarat Police
Act.
2. Heard learned advocate Mr. Bhavin S. Raiyani
appearing for the petitioners, learned advocate Mr. Kunal
Desai appearing for the respondent No. 2 and learned APP
Mr. Soham Joshi appearing for the respondent No.1 State.
3. The petition is filed to quash the FIR being C.R No. I-
75 of 2017 registered with Thorala Police Station, Rajkot for
NEUTRAL CITATION
R/CR.MA/24295/2017 ORDER DATED: 04/08/2025
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the 307, 143, 147, 148, 149, 504, 506(2) of the Indian Penal
Code under Sections 25(1-B), (A) of the Arms Act and under
Section 135(1) of Gujarat Police Act.
4. Learned advocate Mr. Raiyani has placed on record the
judgment and order passed in Sessions case No. 131 of
2021 arising from the self-same FIR and would submit that
the complainant and other eyewitnesses turned hostile
which lead the learned Trial Court to acquit the other
accused. He further submitted that the judgment and order
passed by the learned Sessions Court is not challenged
before the higher forum.
4.1 Mainly on the submissions, learned advocate Mr.
Raiyani submitted that principle of parity may be extended
to the present petition and since the first informant and the
eye witness has turned hostile, the petitioners may not be
send for the trial.
5. Learned advocate Mr.Kunal R. Desai appearing for the
private respondent No. 2 submitted that the party inter se
have compromised their dispute. The first informant is also
present before this Court and he concur with the said
submission.
6. Learned APP has placed on record the report of the
Investigating Officer and submitted that according to the
report of the Investigating Officer, as many as 20 previous
antecedents are registered against the petitioners and
further he would submit that the allegations against the
NEUTRAL CITATION
R/CR.MA/24295/2017 ORDER DATED: 04/08/2025
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present petitioners is that they had fired from the firearms
during the alleged offence and therefore, looking at this
aspect, the petition may not be allowed.
7. Having heard the learned advocates appearing for both
the sides and having considered the record more
particularly the judgment and order passed by the learned
Sessions Judge in Sessions Case No. 131 of 2021 whereby
the reasons are stated in paras 8, 9 and 10 of the judgment
to acquit the other accused of the said FIR. In a trial, the
complainant Mohsin @ Sajid Amadbhai Raoma turned
hostile and he did not support the case of the prosecution.
Another witness Nadeem Idris Chaddha which claimed to be
the eye witness also turned hostile (Exh.18). While asserting
the aforesaid, depositions, evidences, the learned Trial
Court believed that the prosecution has failed to establish
the case beyond reasonable doubt and acquitted them.
7.1 The finding arrived at by the Trial Court and the
evidences fully applies to the case against the present
petitioner.
8. Learned advocate Mr. Raiyani appearing for the
petitioner at this juncture having referred to the 20
antecedents of the petitioners would submit that the
petitioners shall not enter into the territorial limits of Rajkot
District for 3 months from today.
8.1 He would further submit that the petitioners shall file
the affidavit before the Investigating Officer of the concerned
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R/CR.MA/24295/2017 ORDER DATED: 04/08/2025
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Police Station that where they are staying for 3 months in a
week from today.
9. In the aforesaid circumstances, the present petition is
allowed. The impugned FIR registered with Thorala Police
Station, Rajkot vide C.R No. I-75 of 2017 are hereby
quashed and set aside qua the petitioners. Rule is made
absolute.
9.1 All the 3 petitioners namely petitioner No.1, 5 and 6,
the FIRs qua them are quashed and set aside and they shall
not enter into the territorial limits of the Rajkot District for
next 3 months from 1.8.2025.
9.2 Further they shall file affidavit within a week before
the concerned Police Station stating their itinerary, their
address as well as their mobile numbers where they are
expected to live the next three months. The petition qua
petitioners Nos. 2, 3 and 4 having become infructous stands
disposed of.
(J. C. DOSHI,J)
MARY VADAKKAN
