State Of Gujarat vs Jotibhai Somabhai Patel
2025 Latest Caselaw 6788 Guj

Gujarat High Court

State Of Gujarat vs Jotibhai Somabhai Patel on 19 September, 2025

                                                                                                             NEUTRAL CITATION




                            R/SCR.A/2434/2014                                  ORDER DATED: 19/09/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2434 of 2014

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                                                      STATE OF GUJARAT
                                                            Versus
                                                JOTIBHAI SOMABHAI PATEL & ORS.
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                      Appearance:
                      MR. CHINTAN DAVE ADDL. PUBLIC PROSECUTOR for the Applicant(s) No.
                      1
                      HL PATEL ADVOCATES(2034) for the Respondent(s) No. 1,2,3
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                        CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                        Date : 19/09/2025

                                                         ORAL ORDER

1. In the present petition, the State of Gujarat challenges the order passed by the Metropolitan Magistrate Court No. 18, Ahmedabad passed in Criminal Case No. 353 of 2007 whereby the proceedings were dropped against the accused No. 6,7 and 9 for want of prosecution under Section 197 of the Criminal Procedure Code (for short "CRPC") which is confirmed by the Sessions Court in Criminal Revision Application No. 14 of 2012.

2. Learned APP referred to the recent judgment of the Supreme Court in the case of Ram Sagar Vs. Central Bureau of Investigation SLP (criminal) No. 2671 of 2021 and more particularly para 7 thereof submit that the issue of sanction under Section 197 of the CRPC can be taken before the Trial Court at any stage. It could not be the reason to drop the proceedings. He would submit that subsequent to passing of the order the Government has also granted sanction for prosecution in the present case.

NEUTRAL CITATION

R/SCR.A/2434/2014 ORDER DATED: 19/09/2025

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2.1 In view of the aforesaid, he submits to allow this petition.

3. Learned advocate Mr. Maharshi Patel appearing for the private respondent having referred to the judgment in the case of Ram Sagar (supra), submit to pass necessary order. The reason to drop the proceeding against the accused No. 6,7 and 9 was non-obtaining of sanction under Section 197 of the CRPC. Learned Sessions Court also confirmed the same however, the Supreme Court in the case of Ram Sagar (supra) made it abundantly clear that the issue of sanction under Section 197 of the CRPC can be taken before the Trial Court at any stage which governs reason on the petition.

4. Learned APP also submits that the sanction to prosecute the accused No. 6, 7 and 9 has already been granted by the State on 16.3.2012.

5. In view of above without extracting the merits of the case the issue raised in this petition is squarely covered by judgment in the case of Ram Sagar Vs. Central Bureau of Investigation, this petition is allowed. The questioned order passed in Criminal Case No. 353 of 2007 below Exh. 21 to drop in proceedings against the accused No. 6, 7 and 9 and confirmed in the Criminal Revision Application No. 14 of 2012 by the learned City Sessions Court are hereby quashed and set aside and proceedings against the accused No. 6,7 and 9 are restored to the trial.

(J. C. DOSHI,J) MARY VADAKKAN