Gujarat High Court
Lalitbhai Natvarlal Nahar vs State Of Gujarat on 20 November, 2025
NEUTRAL CITATION
R/SCR.A/15195/2025 ORDER DATED: 20/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 15195 of 2025
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LALITBHAI NATVARLAL NAHAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR YOGESH G KANADE(3114) for the Applicant(s) No. 1
MR. MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 20/11/2025
ORAL ORDER
1. By filing the present petition under Article 226 of the
Constitution of India and Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, the petitioner has prayed for
the following reliefs:-
"a. This Hon'ble Court may be pelased to admit and allow this
petition.
b. This Hon'ble Court may be pleased to issue an appropriate
writ, order or direction quashing and setting aside the
F.I.R. bearing I C.R. No.432 of 2019 registered with Maroli
Police Station, Navsari dated 14.11.2019 under Section
323, 504, 506(2) and 135 of the Gujarat Police Act as well
as Charge-sheet, criminal case no.762 of 2020 pending
before the Addl. JMFC, Navsari Court and all other
consequential proceedings arising out of it in the interest of
justice.
NEUTRAL CITATION
R/SCR.A/15195/2025 ORDER DATED: 20/11/2025
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c. Pending admission and/or final disposal of this petition,
this Hon'ble Court may be pleased to stay further
proceedings of investigation pursuant to stay further
proceedings of investigation pursuant to the F.I.R. bearing
I C.R. No.432 of 2019 registered with Maroli Police Station,
Navsari dated 14.11.2019 under Section 323, 504, 506(2)
and 135 of the Gujarat Police Act as well as Charge-sheet,
criminal case no.762 of 2020 pending before the Addl.
JMFC, Navsari in the interest of justice."
2. The facts and circumstances giving rise to filing of the
present petitioner are such that on 14.11.2019, an offence
being Cr.II/432 of 2019 came to be registered against the
petitioner with Maroli Police Station, District Navsari for
the offence punishable under the provisions of Section 323,
504, 506(2) of the Indian Penal Code, 1860. The
Investigating Agency after conclusion of the investigation
has filed Charge-sheet and thereafter, the petitioner has
filed the present petition praying for quashing of F.I.R. in
question and all other consequential proceedings.
3. Learned advocate Mr. Yogesh Kanade appearing for the
petitioner has submitted that the offence in question was
registered in the year 2019. however, other side has not
remained present before the learned trial Court and
because of his absence, the trial has been delayed
inordinately which is causing undue harassment to the
person. He has, therefore, submitted to quash and set
aside the F.I.R. in question and all other consequential
proceedings.
NEUTRAL CITATION
R/SCR.A/15195/2025 ORDER DATED: 20/11/2025
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4. Learned Additional Public Prosecutor has opposed the
grant of present application inter-alia contending that the
prosecution has cited as many as 15 witnesses in the
Charge-sheet and out of them, 10 witnesses have already
been examined before the learned trial Court. Thus, the
trial of the offence has reached the advance stage and
hence, this Court should not exercise its discretion in
favour of the petitioner at this stage. He has, therefore,
submitted to dismiss the present petition.
5. Heard learned advocates for the respective parties.
6. As pointed out by learned Additional Public Prosecutor
upon instruction that the trial of the offence is already
started and 10 witnesses have already been examined
which indicates that the trial Court has already taken
cognizance of the offence registered against the petitioner.
Under these circumstances, as per law laid down by the
Hon'ble Supreme Court and as observed in its judgment in
the case of Pradnya Pranjal Kulkarni v. State of
Maharashtra that once cognizance is taken by the learned
trial Court of the offence, orders of the learned trial Court
are not amenable to the writ jurisdiction under Article 226
of the Constitution of India. Therefore, the present petition
is not maintainable. Hence, the petition is hereby
dismissed.
(M. R. MENGDEY,J)
NABILA
