Mupaji @ Mafaji Babraji ... vs State Of Gujarat
2025 Latest Caselaw 4934 Guj

Gujarat High Court

Mupaji @ Mafaji Babraji ... vs State Of Gujarat on 19 June, 2025

                                                                                                          NEUTRAL CITATION




                             R/CR.MA/29520/2017                             ORDER DATED: 19/06/2025

                                                                                                           undefined




                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                           FIR/ORDER) NO. 29520 of 2017

                       ==========================================================
                                       MUPAJI @ MAFAJI BABRAJI PRAJAPTI(MARWADI)
                                                         Versus
                                                STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
                       NOTICE SERVED BY DS for the Respondent(s) No. 2
                       MR. CHINTAN DAVE, APP for the Respondent(s) No. 1
                       ==========================================================

                            CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                        Date : 19/06/2025

                                                         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.62 of 2014 registered with Kalol City Police Station, Gandhinagar for the offences under Sections 66(1)B, 65(A)(E), 81 and 116(B) of the Gujarat Prohibition Act and all the consequential proceedings arising therefrom.

2. Learned APP has placed on record the report as well as copy of judgment and order passed in Criminal Case No.4492 of 2014, which are taken on record.

3. Notably, co-accused, who alleged to have similar or less role in committing of offence have been acquitted in Criminal Case No.4492 of 2014. Learned JMFC recorded acquittal of the accused on the ground that prosecution has failed to prove allegations levelled in the FIR.

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

NEUTRAL CITATION

R/CR.MA/29520/2017 ORDER DATED: 19/06/2025

undefined

absurd process.

5. In the result, the application is allowed. The impugned FIR being C.R. No.62 of 2014 registered with Kalol City Police Station, Gandhinagar for the offences under Sections 66(1)B, 65(A)(E), 81 and 116(B) of the Gujarat Prohibition Act and all the consequential proceedings arising therefrom are hereby quashed and set aside qua the applicant herein. Direct service is permitted.

(J. C. DOSHI,J) MANISH MISHRA