Bhavlesh Patel vs State Of Gujarat
2025 Latest Caselaw 1809 Guj

Gujarat High Court

Bhavlesh Patel vs State Of Gujarat on 4 August, 2025

                                                                                                            NEUTRAL CITATION




                           R/CR.MA/18312/2020                                  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. 18312 of 2020

                                                        With
                                     R/CRIMINAL MISC.APPLICATION NO. 2772 of 2021
                      ==========================================================
                                                        BHAVLESH PATEL
                                                             Versus
                                                    STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR MAULIK NANAVATI for NANAVATI & CO.(7105) for the Applicants
                      MR TEJAS M BAROT(2964) SR. ADVOCATE with MS RHEA CHOKSHI for
                      the Respondent(s) No. 2
                      MR SOHAM JOSHI, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
                      No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                           Date : 04/08/2025

                                                            ORAL ORDER

Heard learned advocates for the respective parties.

By way of this applications under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioners have prayed for quashing and setting aside FIR being C.R.No.11206033201537 registered with Unjha Station, for the offences punishable under Sections 307, 120(B), 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioners herein.

Seeking quashment of the FIR, Learned advocate for the

NEUTRAL CITATION

R/CR.MA/18312/2020 ORDER DATED: 04/08/2025

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petitioners would submit that even if the FIR is considered to be correct statement on the face of it, essential ingredients of offence u/s 307 of the IPC are not attracted and at the most, the FIR can be stated by good script of showing that the petitioners accused were preparing to commit offence u/s 307 of the IPC and may be charged under the provisions of section 511 of the IPC.

However, learned advocate for the petitioners without stretching further into the issue, since the charge sheet is filed, withdraws present petition reserving his right to review the case u/s 226 and 227 of the Code of Criminal Procedure, 1973 as per the judgment of the Coordinate Bench of this Court in case of Manishaben Gajjugiri Goswami Vs. State of Gujarat rendered in Criminal Revision Application No.245 of 2021. Accordingly present petitions stand disposed of as withdrawn. Notice discharged. Interim relief granted earlier stands vacated.

It is clarified that this Court has not examined the merits of the matter and therefore, all the contentions of both the parties are kept open to be agitated before the appropriate Court. The learned trial Court is directed to conduct hearing u/s 226 and 227 of the Code as directed by this Court in case of Manishaben Gajjugiri Goswami (supra) after giving opportunities to all the concerned.

(J. C. DOSHI,J) SHEKHAR P. BARVE