Naginbhai Chandubhai Solanki vs State Of Gujarat
2025 Latest Caselaw 3175 Guj

Gujarat High Court

Naginbhai Chandubhai Solanki vs State Of Gujarat on 18 February, 2025

                                                                                                             NEUTRAL CITATION




                            R/CR.MA/18410/2017                                  ORDER DATED: 18/02/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                          FIR/ORDER) NO. 18410 of 2017
                       ==========================================================
                                          NAGINBHAI CHANDUBHAI SOLANKI & ANR.
                                                         Versus
                                                STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR YUNUS U MALEK(5343) for the Applicant(s) No. 1,2
                       NOTICE SERVED BY DS for the Respondent(s) No. 2
                       MR MANAN MEHTA, APP for the Respondent(s) No. 1
                       ==========================================================
                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                            Date : 18/02/2025

                                                             ORAL ORDER

1. When the matter is taken up for hearing, learned advocate Mr.Malek for the applicants is absent.

2. Though notice to respondent no.2 is served, none remain present.

3. Learned APP places on record judgment and order delivered in Special Atrocity Case No.93 of 2017 passed by learned Additional Sessions Judge, Anand, whereby, learned Judge acquitted the accused from the charges levelled against them. The said judgment is taken on record.

4. What could be noticed from the charge-sheet papers that role of the petitioners is limited to pressurize victim of alleged offence to enter into compromise baring that there is no allegations levelled against the petitioners.

NEUTRAL CITATION

R/CR.MA/18410/2017 ORDER DATED: 18/02/2025

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5. In the judgment delivered by learned Sessions Judge, Anand, it is categorically believed by learned Sessions Judge that after appreciating evidence on record no offence under sections 366, 376(1), 506, 114 of IPC read with section 3(1)(r)(w) and 3(2) (5-a) of the Atrocities Act are made out. Since main accused and other accused who have played identical role are acquitted by the learned Sessions Judge after completion of trial believing that there is insufficient evidence, it would not be fruitful to continue prosecution against present petitioners. The petition deserves consideration.

6 In view of above, FIR being I-C.R.No.69 of 2017 registered with Anklav Police Station, Taluka Anklav, District Anand as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioners. Rule is made absolute.

(J. C. DOSHI,J) SATISH