Gopalsinh Laxmansinh Raulji vs State Of Gujarat
2025 Latest Caselaw 1031 Guj

Gujarat High Court

Gopalsinh Laxmansinh Raulji vs State Of Gujarat on 18 July, 2025

                                                                                                          NEUTRAL CITATION




                             R/CR.MA/6506/2014                              ORDER DATED: 18/07/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                           FIR/ORDER) NO. 6506 of 2014

                                                         With
                                    R/SPECIAL CRIMINAL APPLICATION NO. 7844 of 2019
                       ==========================================================
                                             GOPALSINH LAXMANSINH RAULJI & ANR.
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR PS CHAMPANERI(214) for the Applicant(s) No. 1,2
                       HCLS COMMITTEE(4998) for the Respondent(s) No. 2
                       MR. HARDIK C THAKKAR(7133) for the Respondent(s) No. 2
                       MR. JAY MEHTA, APP for the Respondent(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                        Date : 18/07/2025

                                                         ORAL ORDER

1. By way of the present petitions filed under Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C."), the petitioners have sought quashing of the impugned FIR being C.R. No. I-20 of 2014, registered with Khambholja Police Station, Anand for offences punishable under Sections 143, 147, 148, 323, 504, and 506(2) of the Indian Penal Code, 1860 (IPC), read with Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Heard learned advocates for both the sides and perused the material on record. Learned APP has placed on record a copy of the judgment and order passed in Special Atrocity Case No. 56 of 2015, arising from the very same FIR. Upon perusal of the said judgment

NEUTRAL CITATION

R/CR.MA/6506/2014 ORDER DATED: 18/07/2025

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dated 24.06.2025, it appears that the competent Special Court, having assessed the evidence on record--including the depositions of the complainant and the medical officer--acquitted all the accused except the present petitioners.

3. Notably, the role attributed to the petitioners is materially identical to that of the co-accused who have already been acquitted. In such circumstances, when the prosecution evidence has failed to inspire the confidence of the trial court to secure conviction against similarly situated co-accused, continuation of criminal proceedings against the petitioners would be unjust and unwarranted. No useful purpose would be served by compelling the petitioners to undergo the rigours of a criminal trial.

4. Accordingly, the petitions are ALLOWED. The impugned FIR, along with all consequential proceedings arising therefrom, stands quashed and set aside. Rule is made absolute.

(J. C. DOSHI,J) MANISH MISHRA