R/CR.MA/3483/2023 ORDER DATED: 10/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO.3483 of 2023 ========================================= KANJIBHAI KESHAVLAL VASAN & ANR. Versus STATE OF GUJARAT & ANR. ========================================= Appearance : MS NAMRATA HARISHBHAI CHAUHAN for the Applicant Nos.1,2 MR RONAK RAVAL, APP for the Respondent No.1. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 10/07/2025 ORAL ORDER The petition was presented on 9.2.2023 and registered on 13.2.2023 and since then, the same has only been adjourned from time to time al-throughout during more than two years. 2. On 9.7.2025, this Court has passed the following order :- “1. Learned Advocate, Ms. Chauhan, has filed sick- note, today. 1.1 In view of the above, S.O. to 10th July, 2025.” 3. Though there is no sick and/or leave note of learned advocate Ms. Namrata Chauhan, she has remained absent. However, learned APP has pointed out that charge has already been framed against the applicant by the Court of learned 2nd Additional Sessions Judge in Sessions Case No.43 of 2022. In this R/CR.MA/3483/2023 ORDER DATED: 10/07/2025 background, the matter is taken up even in absence of learned advocate Ms. Namrata Chauhan appearing for the applicant. 4. By way of this petition, the applicant has prayed to quash FIR No.11218010220305 of 2022 registered with Udyognagar Police Station, Dist. Porbandar for the offences punishable under Sections 376(2)(n), 347, 384, 385, 506 (2) and 114 of the Indian Penal Code read with Sections 66(e) and 67(a) of the Information Technology Act. 5. As per the FIR, married lady of around 38 years – complainant has alleged that she came in contact with the wife of the accused No.1 – applicant No.2 herein and over a social event, they came in touch with each other and thereafter, husband of the complainant was serving in Police Department and the accused is also serving in Police Department, their relations became stronger and ultimately, FIR indicates that accused No.1 used to call her telephonically and sometime they used to talk on video call as well and she was called at the residence of the accused No.1 where she was raped by the accused No.1 and the entire act was video- graphed and thereafter, the complainant was blackmailed and she was asked to show her body over the video call and ultimately, both the accused persons blackmailed the complainant and asked for a sum of Rs.50,000/- for deleting the aforesaid obscene photographs of the complainant and that is how the FIR is registered. 6. Considered the fact that learned advocate Ms. Namrata Chauhan appearing for the applicant is absent today and al- throughout, the matter was never proceeded as can be seen from the order-sheet. Further, the FIR itself indicates that prima facie R/CR.MA/3483/2023 ORDER DATED: 10/07/2025 offence is made out and the trial is at the stage where charge has already been framed and over and above, learned APP has drawn attention of the Court that against applicant No.1, there are four antecedents as well. Therefore, considering the overall facts and circumstances of the case and upon bare reading of the FIR which constitutes an offence as well as considering the fact that charge has already been framed in the ongoing trial, I do not see any reason to entertain this petition. Accordingly, the petition is required to be dismissed and the same is dismissed. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/07/2025 17:16:50