Gujarat High Court
Hirabaw/O Bhurabhai Munjabhai Jadeja vs State Of Gujarat on 15 July, 2025
NEUTRAL CITATION
R/CR.MA/12123/2016 ORDER DATED: 15/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 12123 of 2016
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HIRABAW/O BHURABHAI MUNJABHAI JADEJA & ORS.
Versus
STATE OF GUJARAT
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Appearance:
MR K S CHANDRANI(6674) for the Applicant(s) No. 1,2,3,4
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 15/07/2025
ORAL ORDER
1. By way of present petition, the petitioners have prayed for
following reliefs in para 8:-
"(A) Your Lordships may be pleased to admit and allow
this application.
(B) Your Lordships may kindly be pleased to quash and
set aside the FIR being II-C.R.No.133 of 2016 registered
with Kamalabaugh Police Station, Porbandar at Annexure
A.
(C) Pending admission, final hearing and disposal of this
petition, further proceedings and investigation with respect
to the FIR being II-C.R.No.133 of 2016 registered with
Kamalabaug Police Station, Porbandar may kindly be
stayed in the interest of justice.
(D) Such other and further relief as deemed fit and
proper may kindly be granted in the interest of justice."
2. Facts of the case are as under :-
2.1. The first informant/respondent no.2 herein is the PSI
serving with Kamalabaug Police Station who has lodged the
NEUTRAL CITATION
R/CR.MA/12123/2016 ORDER DATED: 15/07/2025
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present FIR wherein it has been stated that on 12/04/2016 he
along with his other police staff was present at the residence of
one Bhurabhai Munjabhai Jadeja as there was one "Bhagavd
Saptah was to be organized from 12/04/2016 to 18/04/2016
and as they have sought permission for procession (Pothiyatra)
from Satyanarayan Temple to their residence i.e. Suraj Palace
and during this (Pothiyatra) the members of the Maher
community were in their traditional dresses and during this
procession the petitioners took some photographs carrying one
weapon(gun) which was owned by the accused no.1 and the
aforesaid photographs were placed on social media which have
gone viral and in the aforesaid manner the accused have
committed the offence and hence the FIR.
3. Heard learned advocate for the petitioner. He has placed
reliance on judgment of Co-ordinate Bench in the case of
Virendra Ratanlal Purohit v/s. State of Gujarat [Criminal Misc.
Application No.10499 of 2021] and submitted that in view of bar
contained in section 195(1)(a)(i) of the Cr.P.C., offence registered
under section 188 of the IPC is not permissible without filing
written complaint. In that circumstances, learned advocate for
the petitioners submitted to exercise jurisdiction to quash the
FIR.
4. Learned APP for the respondent - State on the other hand
submitted to pass necessary order.
5. In identical fact situation, Co-ordinate Bench in the case of
Virendra Purohit (supra) has vividly discussed the provision of
NEUTRAL CITATION
R/CR.MA/12123/2016 ORDER DATED: 15/07/2025
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law and bar under section 195(1)(a)(i) of Cr.P.C. for taking
cognizance. The issue involved in the present case is squarely
covered by judgment in the case of Virendra Purohit (supra). The
petition deserves consideration.
6. In view of above, the petition is allowed. The impugned FIR
being II-C.R.No.133 of 2016 registered with Kamalabaugh Police
Station, Porbandar and further proceedings arising thereof are
hereby quashed and set aside qua the petitioners herein. Rule is
made absolute. Direct service is permitted.
(J. C. DOSHI,J)
SATISH
