Gujarat High Court
Dhruvkumar Khimjibhai Badrakia vs State Of Gujarat on 24 September, 2025
NEUTRAL CITATION
R/SCR.A/5037/2014 ORDER DATED: 24/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5037 of 2014
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DHRUVKUMAR KHIMJIBHAI BADRAKIA & ORS.
Versus
STATE OF GUJARAT
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Appearance:
MR YN RAVANI(718) for the Applicant(s) No. 1,2,3
MR. HARDIK DAVE, PP WITH MR. CHINTAN DAVE, APP for the
Respondent(s) No. 1-STATE
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 24/09/2025
ORAL ORDER
1. The report dated 19.08.2025, tendered by the Secretary
and R.L.A. (I/C) pursuant to the order dated 22.07.2025, is
placed on record. It indicates that sanction under Section 197
of the Code of Criminal Procedure, 1973, for petitioner Nos.1
and 2, was filed before the learned Metropolitan Magistrate
Court on 14.09.2017; and for petitioner No.3, the sanction
was tendered on 09.01.2015.
2. For other accused of same criminal case, whereby the
proceeding was dropped against them for want of Section 197
of the Cr.P.C., this Court has passed the order for the co-
accused in Special Criminal Application No. 2434 of 2014,
which reads as under:
"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
NEUTRAL CITATION
R/SCR.A/5037/2014 ORDER DATED: 24/09/2025
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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.
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
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R/SCR.A/5037/2014 ORDER DATED: 24/09/2025
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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."
3. The aforesaid order applies equally to the present
petition, and accordingly, the petition stands disposed of.
4. In view of the above, the petition loses the
consideration value and accordingly, petition stands dismissed.
5. Apart from the issue of sanction, no other point is
urged before this Court for consideration.
6. In view of the above, all the other contentions including
the validity of the sanction are kept open. Rule stands
discharged.
(J. C. DOSHI,J)
DIWAKAR SHUKLA
