Vadher Sankarbhai Dadubhai vs State Of Gujarat
2025 Latest Caselaw 1032 Guj

Gujarat High Court

Vadher Sankarbhai Dadubhai vs State Of Gujarat on 18 July, 2025

                                                                                                              NEUTRAL CITATION




                             R/CR.MA/4547/2016                                  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. 4547 of 2016

                       ==========================================================
                                                  VADHER SANKARBHAI DADUBHAI
                                                             Versus
                                                    STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR M R SAIYED(3362) for the Applicant(s) No. 1
                       KOMAL S DAVE(8152) for the Respondent(s) No. 2
                       HARSH UPADHYAYA FOR MR SIDDHARTH H DAVE(5306) 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 this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the FIR being C.R.No.I-9 of 2016 registered with Sami Police Station, Patan for the offences under Sections 447, 380, 511 and 114 of Indian Penal Code and all the consequential proceedings arising therefrom.

2. Heard learned advocates for the parties.

3. Other accused who have allegedly played higher role in commission of offence have been acquitted in Criminal Case No.202 of 2018. Learned JMFC recorded acquittal of the other accused on the ground that prosecution has failed to prove allegations levelled in the FIR. Judgment passed by learned Trial

NEUTRAL CITATION

R/CR.MA/4547/2016 ORDER DATED: 18/07/2025

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Court in Criminal Case No.202 of 2018 is taken on record.

4. In view of above, putting present applicant in trial would be absurd process.

5. In the result, the application is allowed. The impugned FIR being C.R.No.I-9 of 2016 registered with Sami Police Station, Patan as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant herein. Rule is made absolute. Direct service is permitted.

(J. C. DOSHI,J) SATISH