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2025 DAILYLAW 2001 (GUJ)

VASANTBHAI KANJIBHAI VANIYA v. STATE OF GUJARAT

CR.MA/3269/2020 · 2025-04-21

J C Doshi

body2025

Judgment text

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R/CR.MA/3269/2020 ORDER DATED: 21/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 3269 of 2020 ========================================================== VASANTBHAI KANJIBHAI VANIYA & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR V B MALIK(5071) for the Applicant(s) No. 1,2 DS AFF.NOT FILED (R) for the Respondent(s) No. 2 MR MANAN MAHETA, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 21/04/2025 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 Proh. CR No.11211030200003 of 2020 registered with Lakhtar Police Station for the offences under the provisions of the Prohibition Act and all the consequential proceedings arising therefrom. 2. Heard learned advocates for the parties. 3. Other accused who have allegedly played higher role in commission of offence have been acquitted and concerned learned JMFC recorded acquittal of the other accused on the ground that prosecution has failed to prove allegations levelled in the FIR. 4. In view of above, putting present applicant in trial would be absurd. R/CR.MA/3269/2020 ORDER DATED: 21/04/2025 5. In the result, the application is allowed. The impugned FIR being Proh. CR No.11211030200003 of 2020 registered with Lakhtar Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicants herein. Rule is made absolute. Direct service is permitted. (J. C. DOSHI, J) GAURAV J THAKER Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 22/04/2025 11:34:46