Maheshbhai @ Mansukhbhai Bhikhabhai ... vs State Of Gujarat
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Gujarat High Court

Maheshbhai @ Mansukhbhai Bhikhabhai ... vs State Of Gujarat on 6 October, 2025

                                                                                                             NEUTRAL CITATION




                             R/CR.MA/1821/2017                                  ORDER DATED: 06/10/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                           FIR/ORDER) NO. 1821 of 2017

                       ==========================================================
                        MAHESHBHAI @ MANSUKHBHAI BHIKHABHAI MAKWANA (Abated as per
                                       order dated 20/01/2025) & ANR.
                                                    Versus
                                        STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       APPEARANCE DELETED for the Applicant(s) No. 1
                       APURVA K JANI(7057) for the Applicant(s) No. 2
                       MR CHINTAN DAVE, APP for the Respondent(s) No. 1
                       RULE SERVED BY DS for the Respondent(s) No. 2
                       ==========================================================
                          CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                            Date : 06/10/2025


                                                             ORAL ORDER

1. This petition under section 482 of Cr.P.C. is filed seeking quashment of FIR being C.R.No.II-106 of 2016 registered with 'B' Division Police Station, Rajkot for the offence punishable under sections 504, 506(2) and 114 of Indian Penal Code.

2. During pendency of this petition, one of the petitioner - Mahesbhai Makwana has expired. This Court has passed order dated 20.01.2025 to abate petition qua petitioner - Maheshbhai Makwana.

3. Today when the matter is taken up for hearing, learned advocate Mr.Apurva Jani places on record judgment and order dated 30.08.2022 passed by learned Additional Chief Judicial Magistrate, Rajkot in Criminal Case No.11757 of 2018 arising from selfsame FIR, whereby, other accused viz. Rameshbhai and

NEUTRAL CITATION

R/CR.MA/1821/2017 ORDER DATED: 06/10/2025

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Kamalbhai have been acquitted at the end of trial. Judgment and order dated 30.08.2022 is taken on record.

4. Perusal of FIR indicates that role of each accused are slated similar. Moreover, the petitioner no.2 is practicing advocate. Allegations against him is that he was not permitting to execute sale deed.

5. Since issue raised in this petition is governing reasons assigned by the learned Trial Court, whereby, other accused are acquitted at the end of trial after appreciating evidence, applying reasons thereof to the present petition, this Court is of the firm opinion that continuance of FIR against petitioner no.2 would be abuse of process of law.

6. For the reasons stated herein-above the petition is allowed qua petitioner no.2 - Navnitbhai Ganeshbhai Khunt. The impugned FIR being C.R.-II-106 of 2016 registered with 'B' Division Police Rajkot as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua petitioner no.2 - Navnitbhai Ganeshbhai Khunt. Rule is made absolute. Direct service is permitted.

(J. C. DOSHI,J) SATISH