Gujarat High Court
Nihhal Ashishbhai Makwana Thro Ashish ... vs State Of Gujarat on 27 November, 2025
NEUTRAL CITATION
R/SCR.A/15590/2025 ORDER DATED: 27/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 15590 of 2025
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NIHHAL ASHISHBHAI MAKWANA THRO ASHISH JIVRAJBHAI MAKWANA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
H P BAXI(9459) for the Applicant(s) No. 1
SHIVANI R MODI(9280) for the Applicant(s) No. 1
MR.HIMANSHU PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 27/11/2025
ORAL ORDER
1. By filing the present petition filed under Article 226 of the
Constitution of India r/w Section 528 of the Bharatiya
Nagarik Suraksha Sanhita. The petitioner has prayed for
the following reliefs:-
A. Your Lordships may be please to admit and allow this
petition.
B. Your Lordships may further be please to quash F.I.R.
filed by complainant Shahil Kanjibhai Jadeja qua
Juvenile petitioner Nehhal Ashishbhai Makwana
registered vide Jetpur City Police Station F.I.R.
No.11213022250615 of 2025 for the offence PUS 115(2),
127(2), 140(2), 309(6), 351(3), 352, 331(6) of the
Bharatiya Nyaya Sanhita.
C Your Lordships may further be please to stay the further
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R/SCR.A/15590/2025 ORDER DATED: 27/11/2025
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investigation of F.I.R. filed by complainant Shahil
Kanjibhai Jadeja qua Juvenile petitioner Nehhal
Ashishbhai Makwana registered vide Jetpur City Police
Station F.I.R. No.11213022250615 of 2025 for the
offence PUS 115(2), 127(2), 140(2), 309(6), 351(3), 352,
331(6) of the Bharatiya Nyaya Sanhita, 2023 pending
admission and final hearing and disposal of this
petition.
D. Your Lordships may further be please to grant any
further relief deemed fit by Hon'ble Lordships in the
interest of justice.
2. The facts and circumstances giving rise to filing the
present petition are such that an offence being
C.R.No.11213022250615 of 2025 came to be registered
with Jetpur City Police Station, Rajkot (Rural). Though the
present petitioner is not named in the F.I.R. as an accused,
his involvement came to for during the course of
investigation and therefore, the petitioner has filed the
present petition for quashing of the F.I.R. in question qua
him.
3. Learned advocate appearing for the petitioner has
submitted that the petitioner has not been named as an
accused in the F.I.R. and the only material available
against the petitioner is in the form of statement of the
other co-accused which is not admissible evidence. Except
that there is no other material connecting the petitioner
with the offence in question. He has also submitted that in
NEUTRAL CITATION
R/SCR.A/15590/2025 ORDER DATED: 27/11/2025
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several judgments of the Coordinate Bench of this Court
has considered the case of respective petitioners for
quashing of F.I.R. wherein there was no material against
the respective petitioners except the statement of co-
accused. Learned advocate for the petitioner submitted
that the petitioner is juvenile. He has further submitted
that to allow the present petition and quash and set aside
the F.I.R. in question qua the present petitioner.
4. Learned Additional Public Prosecutor has opposed the
grant of present application inter-alia contending that the
present application may not be allowed and the same
should be dismissed.
5. Heard learned advocate for the respective parties. At the
outset, it is required to be noted that the F.I.R. in question
came to be registered on 01.10.2025 for the offences
punishable under the provisions of Sections 115(2), 127(2),
140(2), 309(6), 350(1), 352 and 331(6) of the Bharatiya
Nyaya Sanhita. The investigation of the offence is still in
progress. Though the petitioner has not been named in the
F.I.R. as an accused, his involvement into the offence has
been revealed during the course of investigation.
6. It is the case of the petitioner that he has been named by
the co-accused to be involved in the offence and except the
statement of co-accused, there is no other material against
him. As noted herein above, the investigation of the offence
is still in progress and therefore, at this stage, it cannot be
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R/SCR.A/15590/2025 ORDER DATED: 27/11/2025
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said that there is no other material against the petitioner
except the statement of co-accused. It would be too early to
this Court to record the findings at this stage to the fact
that there is no other material except the statement of co-
accused. After conclusion of the investigation, if the
Investigating Officer files the Charge-sheet against the
petitioner and if the petitioner feels that there is no other
material connecting him with the offence in question, the
remedy for him lies elsewhere. It is argued by learned
advocate for the petitioner that in several other cases, the
Coordinate Bench of this Court has considered the case of
the respective petitioners for quashing of the F.I.R. where
there was no other material except the statement of co-
accused but no such judgments were made available by
the learned advocate for the applicant to this Court for
perusal and the order which was shown to this Court
during the course of hearing, was the order passed by this
Court in an application for anticipatory bail.
7. Having regard to this aspect, no case is made out to
exercise discretion in favour of the present applicant.
Hence the present petition is devoid of merits and the same
is hereby dismissed.
(M. R. MENGDEY,J)
NABILA
