Gujarat High Court
Faisal Faruk Kesari vs State Of Gujarat on 14 July, 2025
NEUTRAL CITATION
R/CR.MA/20538/2021 ORDER DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 20538 of 2021
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FAISAL FARUK KESARI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
A S TIMBALIA(7372) for the Applicant(s) No. 1,2
MR. EKRAMA H QURESHI(7000) for the Respondent(s) No. 2
MR JAY MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.
1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 14/07/2025
ORAL ORDER
1. By way of this application under Section 482 of the Code
of Criminal Procedure, 1973 (hereinafter referred to as "the
Code"), the petitioners have prayed for quashing and setting
aside FIR being C.R.No.I - 11207002210883 registered with
Godhra "B" DivisionStation, for the offences punishable under
Sections 323, 504, 506(2), 114 of the IPC as well as all other
consequential proceedings arising out of the aforesaid FIR
qua the petitioners herein.
2. Heard learned advocates appearing for the respective
parties.
3. During the course of arguments, Learned advocate for
the petitioners places on record judgment dated 7.10.2023
NEUTRAL CITATION
R/CR.MA/20538/2021 ORDER DATED: 14/07/2025
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passed by the learned 3rd Addl. CJM, Godhra in Criminal Case
No.1779 of 2023. Perusal of said judgment indicates that
principal allegations are levelled against the petitioner No.1,
however, the complainant has failed to prove any allegation
against the petitioner No.1 and therefore, the learned trial
Court acquitted the petitioner No.1. In view of above,
continuation of proceedings against petitioner No.2, who has
played much lesser role than the role of the petitioner No.1, is
futile exercises.
4. In the case of State of Haryana Vs. B.Bhajanlal & ors.,
AIR 1992 SC 604, the Hon'ble Apex Court summed up the
proposition of law, which reads as under:-
"(1) Where the allegations made in the First
Information Report or the complaint, even if they are
taken at their face value and accepted in their
entirety do not prima facie constitute any offence or
make out a case against the accused.
(2) Where the allegations ins the F.I.R. and other
materials, if any, accompanying the F.I.R. do not
disclose a cognizable offence, justifying an
investigation by police officers under S.156(1) of the
Code except under an order of a Magistrate within the
purview of S.155(2) of the code.
(3) Where, the uncontroverted allegations made in the
F.I.R. or complaint and the evidence collected in
support of the same donot disclose the commission of
any offence and make out the case against the
accused.
(4) Where, the allegations in the F.I.R. do not
constitute a cognizable offence but constitute only a
non-cognizable offence, no investigation is permitted
by a police officer without an order of a Magistrate as
NEUTRAL CITATION
R/CR.MA/20538/2021 ORDER DATED: 14/07/2025
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contemplated under S.155(2) of the Code.
(5) Whether, the allegations made in the F.I.R. or
complaint are sO absurd and inherently improbable
on the basis of which no prudent person can ever
reach a just conclusion that there is sufficient ground
for proceeding against the accused.
(6) Where, there is an express legal bare engrafted in
any of the provisions of the Code or the concerned Act
(under which a criminal proceeding is instituted) toi
the institution and/or where there is a specific
provision in the Code or the concerned Act, providing
efficacious redress for the grievance of the aggrieved
party.
(7) Where a criminal proceeding is manifestly
attended with malafide and/or where the proceeding
is maliciously instituted with an ulterior motive for
wreaking vengeance on the accused and with a view
to spite him due to private and personal grudge."
4.1 The findings of the Hon'ble Apex Court in para 1,3 and 7
are attracted in the present case. In view of above, present
petition deserves consideration.
5. In view of above, present petition is allowed and FIR
being C.R.No.I - 11207002210883 registered with Godhra "B"
DivisionStation, for the offences punishable under Sections
323, 504, 506(2), 114 of the IPC as well as all other
consequential proceedings arising out of the aforesaid FIR
qua the petitioners herein are hereby quashed and set aside.
Direct service is permitted.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
