Gujarat High Court

Soyeb Karim Topiwala vs State Of Gujarat on 1 May, 2025

                                                                                                              NEUTRAL CITATION




                            R/CR.MA/20601/2019                                  ORDER DATED: 01/05/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                          FIR/ORDER) NO. 20601 of 2019

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                                                      SOYEB KARIM TOPIWALA
                                                              Versus
                                                     STATE OF GUJARAT & ANR.
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                       Appearance:
                       MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1
                       MR SOHAM JOSHI, APP for the Respondent(s) No. 1
                       RULE SERVED BY DS for the Respondent(s) No. 2
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                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                            Date : 01/05/2025

                                                             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.III-602 of 2019 registered with Amroli Police Station, Navsari for the offences under the Prohibition Act and all the consequential proceedings arising therefrom.

2. When the matter is called out, learned advocate Mr.Baghel for the applicant is absent. However, learned APP places on record judgment and order delivered by learned Trial Court whereby main accused has been acquitted by jurisdictional Court.

3. Other accused who have allegedly played higher role in commission of offence have been acquitted in Criminal Case No.2279 of 2020. Learned JMFC recorded acquittal of the other

NEUTRAL CITATION

R/CR.MA/20601/2019 ORDER DATED: 01/05/2025

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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 absurd process.

5. In the result, the application is allowed. The impugned FIR being C.R.No.III-602 of 2019 registered with Amroli Police Station, Navsari as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant herein. Rule is made absolute. Direct service is permitted.

(J. C. DOSHI,J) SATISH