Bhupatsinh Mahendrasinh Vaghela vs State Of Gujarat
2025 Latest Caselaw 1817 Guj

Gujarat High Court

Bhupatsinh Mahendrasinh Vaghela vs State Of Gujarat on 4 August, 2025

                                                                                                          NEUTRAL CITATION




                            R/SCR.A/8757/2018                               ORDER DATED: 04/08/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8757 of 2018

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                                           BHUPATSINH MAHENDRASINH VAGHELA
                                                         Versus
                                                STATE OF GUJARAT & ANR.
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                      Appearance:
                      MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1
                      PUBLIC PROSECUTOR for the Respondent(s) No. 1
                      RULE SERVED for the Respondent(s) No. 2
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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 Criminal Procedure Code, the petitioner has prayed to quash the FIR being C.R No. III -175 of 2018 registered with Chanasma Police Station for the offence punishable under Sections 65(a)(e), 67- 1 A,81 of the Gujarat Prohibition Act.

2. Learned advocate Mr. Pravin Gondaliya submits that the name of the present petitioner comes from the statement of Sanjaysinh and Karansinh the two other accused arraigned in the same FIR.

2.1 Learned advocate Mr. Gondaliya placed on record the judgment and order passed by the learned Trial Court in Criminal Case No. 754 of 2009 tried against two other accused, resultantly, they were acquitted by Judicial Magistrate, First Class, Chanasma.

NEUTRAL CITATION

R/SCR.A/8757/2018 ORDER DATED: 04/08/2025

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3. Apropos, the role of the present petitioner diminishes. The role of the petitioner, by no means is higher than the role alleged to have been committed by these two accused who are acquitted by the learned Trial Court.

4, In the aforesaid premise sending the petitioner to face trial would be abuse of process of law.

5. In the aforesaid circumstances, this petition is allowed. The impugned FIR being C.R No. III-175 of 2018 registered with Chanasma Police Station, Patan and the connected proceedings is hereby quashed and set aside qua the petitioner.

(J. C. DOSHI,J) MARY VADAKKAN