Bhavesh Ishwarbhai Jain (Shah) vs State Of Gujarat
2025 Latest Caselaw 1432 Guj

Gujarat High Court

Bhavesh Ishwarbhai Jain (Shah) vs State Of Gujarat on 28 July, 2025

                                                                                                           NEUTRAL CITATION




                            R/CR.MA/18419/2019                               ORDER DATED: 28/07/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                           FIR/ORDER) NO. 18419 of 2019

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                                                 BHAVESH ISHWARBHAI JAIN (SHAH)
                                                             Versus
                                                    STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MS. KRUTI M SHAH(2428) for the Applicant(s) No. 1
                       MR. CHINTAN DAVE, APP 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 : 28/07/2025

                                                          ORAL ORDER

1. The present application is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash and set aside the First Information Report (FIR) bearing C.R. No.IIII-34 of 2019 registered with Valod Police Station for offenses punishable under Sections 65B, 65C, 65D, 65E, 65F, 81 and 83 of the Prohibition Act.

2. Heard learned advocate for the petitioner and learned APP for the respondent-State. Though served, none appeared for the respondent No.2

3. Learned advocate for the petitioner submits that the petitioner has been arraigned solely on the basis of the statement of a co- accused. It is further contended that the statement of a co-accused, in the absence of corroborative material, cannot be treated as substantive evidence against the petitioner. Except for the said statement, there is no other material on record to prima facie establish the allegations levelled against the petitioner. In such

NEUTRAL CITATION

R/CR.MA/18419/2019 ORDER DATED: 28/07/2025

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circumstances, the learned advocate prays for quashing of the FIR and all consequential proceedings arising therefrom.

4. Per contra, learned APP, upon placing on record the report submitted by the Police Inspector, Valod, has left the matter to the discretion of the Court.

5. The report of the Police Inspector, Valod, reveals that in Criminal Case No. 265 of 2019, instituted against the co-accused, the learned Judicial Magistrate First Class, Valod, has acquitted all the accused by extending the benefit of doubt. Significantly, the role attributed to the present petitioner does not stand on any higher footing than that of the acquitted co-accused. The judgment rendered in the said criminal case, which is taken on record, reflects a thorough analysis of the evidence led before the learned trial Court.

6. In view of the foregoing facts and circumstances, this Court is of the considered opinion that the present petition deserves to be allowed.

7. Accordingly, the petition is allowed. The impugned FIR and all proceedings arising therefrom are hereby quashed and set aside. Rule is made absolute. Direct service is permitted.

(J. C. DOSHI,J) MANISH MISHRA