Gujarat High Court
Manoj Jagdishbhai Patel vs State Of Gujarat on 29 July, 2025
NEUTRAL CITATION
R/CR.MA/2883/2019 ORDER DATED: 29/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 2883 of 2019
==========================================================
MANOJ JAGDISHBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR MEHUL SHARAD SHAH(773) for the Applicant(s) No. 1
MR.NANDISH H THACKAR(7008) for the Respondent(s) No. 2
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
RUPAAL V DAVE(8391) for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 29/07/2025
ORAL ORDER
1. By way of present petition, the petitioner has prayed for
following reliefs :-
"A) to admit and allow this petition;
B) to pass appropriate orders / directions quashing the
FIR dated 10.02.2019 bearing C.R.No.I-33/19 with Adajan
Police station, Surat city and also further proceeding, if any,
pursuant thereto qua Petitioner,
(C) to direct the Investigating officer of Adajan Police
Station, Surat city to delete the name of the petitioner from
the FIR bearing C.R.No.I-33/19 and thereby direct him to
comply the order dated 04.012.2018 passed by the learned
12th Additional Sessions Judge, Surat in Criminal Revision
Application No.200/2016;
NEUTRAL CITATION
R/CR.MA/2883/2019 ORDER DATED: 29/07/2025
undefined
(D) Pending admission, hearing and final disposal of this
petition, Your Lordship may be pleased to stay the further
investigation with respect to FIR bearing C.R.No.I-33/2019
registered with Adajan Police Station, Surat city qua
petitioner.
(E) Pending admission, hearing and final disposal of this
petition, Your Lordships may be pleased to direct the
Investigating Officer not to take any coercive actions against
the petitioner with respect to FIR bearing C.R.No.I-33/2019
registered with Adajan Police Station, Surat city.
(F) to pass such other and further order/s as may be just
and necessary in the facts and circumstances of the case."
2. Brief facts are as under :-
2.1. The opponent no.2 herein filed one Special Civil Suit
No.60/2014 in the Court of Principal Senior Civil Judge, Surat,
inter alia, praying for specific performance of oral agreement
dated 21.02.2006 and alternatively, also claimed for damages.
The respondent no.2 further prayed for permanent injunction. It
was alleged in the suit that he had one oral agreement with one
Jayprakash Sarang- accused no.1, who promised to sell house
no.D/1 and D/2 at Vaibhav Laxmi Raw house and for said
purpose he has paid Rs.26 lacs to accused no.1 by cheque and
Rs.26 lacs by cash. It is pertinent to note that though suit came
to be filed on 30.01.2014 no interim injunction order came to be
passed by the Hon'ble Civil Court. In the suit, he was shown as
defendant no.3 and therefore, he has filed written statement to
NEUTRAL CITATION
R/CR.MA/2883/2019 ORDER DATED: 29/07/2025
undefined
the suit, inter alia, denying the contentions raised in the plaint.
That thereafter with an oblique motive respondent no.2 filed
Misc. Application No.169/2015 under section 154 (1) and 156(3)
of the Code of Criminal Procedure before learned Judicial
Magistrate First Class, Surat on 27.01.2015. It was prayed in the
aforesaid application that Adajan Police Station may be directed
to register the FIR. The learned Magistrate vide order dated
30.01.2015 directed Investigating Officer of Adajan Police station
to submit the report by 16.02.2015. Thereafter, the learned
Magistrate considered the police report and after affording an
opportunity of hearing to the present respondent no.2- original
complaint, vide order dated 15.06.2016 dismissed the
application preferred by the present respondent no.2. That
being aggrieved and dissatisfied with the order dated 15.06.2016
passed by the learned Additional Civil Judge and Judicial
Magistrate, Surat, respondent no.2 herein preferred Criminal
Revision Application No.200/2016 before Principal District and
Sessions Judge, Surat. That after considering evidence on record
and the police report, the learned 12th Additional Sessions
Judge, Surat vide order dated 04.12.2018 partly allowed the
Revision Application and directed that FIR may be registered
against one Jayprakash @ Raju Jayantibhai Sarang by Adajan
Police Station. It is stated that for unknown reasons, Adajan
Police Station registered the FIR against the petitioner. Hence,
present petition.
3. At the outset, what could be noticed after hearing learned
advocates and perusal on record that complainant - Mohammad
Sabir Gulam Akbar Shaikh has filed application under section
154(1) and 156(3) o Cr.P.C. before learned JMC vide
NEUTRAL CITATION
R/CR.MA/2883/2019 ORDER DATED: 29/07/2025
undefined
Cr.M.A.No.169 of 2015 for offence under section 406 and 420 of
IPC against accused viz. Jayprakash Sarang, Jagdishbhai
Chhotalal Patel and Manoj Jagdishbhai Patel. Learned JMC
declined to accept application filed by the complainant and
dismissed the same. Being aggrieved by said judgment and order
passed by learned JMC, complainant preferred Criminal Revision
Application No.200 of 2016 before the learned Sessions court.
After hearing all the parties, learned Additional Sessions Judge,
Surat passed following final order :-
"1. This Criminal Revision Application filed by the
applicant is hereby allowed.
2. The order of dismissal in the applicant's Cr.M.A. No.
169/2015 passed on 15/06/2016 by 11 th Civil Judge
and Judicial Magistrate F.C., Surat is hereby quashed
and set aside; and under this order, the 11 th Civil
Judge and Judicial Magistrate and F.C., Surat is
hereby ordered to prepare a yadi, that orders the
Police Inspector, Adajan Police Station to accept the
cognizable offence's complaint of the applicant,
Mohemmed Shabir Gulam Akbar Sheikh and lodge it
against the respondent No. 4, Jayprakash, alias, Raju
Jayantibhai Sarang.
3. It is hereby ordered to send back a copy of this order
as well as record and proceedings of the said Court to
the said Court."
4. Aforesaid order indicates that learned Additional Session
Judge has directed Police Officer, Adjan Police Station to register
FIR against Jayprakash Sarang. FIR in question indicates that
complainant approached Adajan Police Station along with
aforesaid order and yet noticing said order, Police Officer
registered IR against Jayprakash Sarang, Jagdishbhai Chhotalal
NEUTRAL CITATION
R/CR.MA/2883/2019 ORDER DATED: 29/07/2025
undefined
Patel and present petitioner - Manoj Jagdishbhai Patel. Even as
per say of learned APP, police officer has exceeded his
jurisdiction and conducted colorable exercise of jurisdiction
since learned Sessions Court directed to register FIR against
Jayprakash Sarang. Investigating Officer cannot register FIR
against other persons then Jayprakash Sarang. Therefore, filing
o FIR against Manoj Jagdishbhai Patel and Jagdishbhai
Chhotalal Patel (as per submission o learned advocate Mr.Shah
now expired) completely is abuse of process of law.
5. To save action of Investigating Officer, learned advocate
Mr.Thacker for respondent no.2 referred to page 19 of the
judgment delivered in Criminal Revision Application No.200 of
2016 and submitted that learned Sessions Court has given
finding that if there is involvement of other persons other then
Jayprakash Sarang,, window is kept open to join them as
accused. However, said submission cannot be accepted at this
stage. At the first instance, IO was required to register FIR only
against Jayprakash Sarang as directed by learned Sessions
Court and then to conduct investigation and during
investigation, if IO finds involvement of other persons, then as
per provisions of law, he could arraign other persons as accused.
6. In the aforesaid circumstances, this Court finds that
registration of FIR against the petitioner as well as late
Jagdishbhai Chhotalal Patel by Police Inspector, Adajan Police
Station is abuse of process of law and colorable exercise.
7. In premise of aforesaid, the petition is allowed. Impugned
FIR being C.R.No.I-33 of 2019 registered with Adajan Police
NEUTRAL CITATION
R/CR.MA/2883/2019 ORDER DATED: 29/07/2025
undefined
station, Surat city as well as consequential proceedings initiated
in pursuance thereof qua present petitioner is quashed and set
aside. Rule is made absolute to the aforesaid extent.
8. FIR has been registered in presence of Mr. Shantilal
Vithalbhai Chaudhary. Registration of FIR against petitioner is
completely in derogation of order passed by learned Sessions
Court. In such circumstances, Commissioner of Police, Surat to
take action against Mr. Shantilal Vithalbhai Chaudhary, if he is
not retired from service and tender report to this Court within
four weeks from today. Registry to list the matter for limited
purpose of filing report.
(J. C. DOSHI,J)
SATISH
