Gujarat High Court
Rasik Karunashankar Bhatt vs State Of Gujarat on 8 September, 2025
NEUTRAL CITATION
R/CR.MA/21737/2021 ORDER DATED: 08/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 21737 of 2021
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RASIK KARUNASHANKAR BHATT & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PRUTHVIRAAJ PATEL for MR. PRERAK R BHATT(11381) for the
Applicant(s) No. 1,2,3
MS AARTI S TIWARI(10667) for the Applicant(s) No. 1,2,3
NOTICE SERVED for the Respondent(s) No. 2
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 08/09/2025
ORAL ORDER
1. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973, the applicants have prayed to quash
and set aside the FIR being C.R.No.11200007200516 of 2020
registered with Bhilad Police Station, Valsad for the offences
under Sections 279, 188, 114 of Indian Penal Code and section
135 of GP Act and all the consequential proceedings arising
therefrom qua the present applicants.
2. This court on 10.12.2021 has passed following order :-
"1. Heard Mr. Prerak R. Bhatt, learned advocate for the
applicants.
2. This application has been filed for quashing of FIR
registered with Bhilad Police Station, Valsad for the offence
punishable under Sections 279, 188 and 114 of IPC and
Section 135 of Gujarat Police Act.
3. In view of Section 195 of Cr.P.C., which provides that for
any offence punishable under Sections 172 to 188 of IPC,
cognizance shall not be taken by the Court unless the
complaint in writing of the public servant concerned be given
to the authority. In the present case, charge- sheet has
already been filed. Thus, the matter deserves consideration.
NEUTRAL CITATION
R/CR.MA/21737/2021 ORDER DATED: 08/09/2025
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4. Let notice be issued returnable on 01.03.2022. Learned
APP waives service of notice for and on behalf of the
respondent-State.
5. Meanwhile, interim relief in terms of para-7(B) is granted."
3. Heard learned advocate for the petitioner. He submitted
that in view of bar contained in section 195(1)(a)(i) of the Cr.P.C.,
offence registered under section 188 of the IPC is not permissible
without filing written complaint. In that circumstances, learned
advocate for the petitioners submitted to exercise jurisdiction to
quash the FIR.
4. Learned APP for the respondent - State on the other hand
submitted to pass necessary order.
5. In identical fact situation, Co-ordinate Bench in the case of
Virendra Ratanlal Purohit v/s. State of Gujarat [Criminal
Misc. Application No.10499 of 2021] has vividly discussed the
provision of law and bar under section 195(1)(a)(i) of Cr.P.C. for
taking cognizance. The issue involved in the present case is
squarely covered by judgment in the case of Virendra Purohit
(supra). The petition deserves consideration.
6. In view of above, the petition is allowed. The impugned FIR
FIR being C.R.No.11200007200516 of 2020 registered with
Bhilad Police Station, Valsad and further proceedings arising
thereof are hereby quashed and set aside qua the petitioners
herein. Rule is made absolute. Direct service is permitted.
(J. C. DOSHI,J)
SATISH
