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2025 DAILYLAW 2274 (GUJ)

JITENKUMAR HASMUKHLAL KHANDOR v. STATE OF GUJARAT

CR.MA/4982/2023 · 2025-08-06

Nirzar S Desai

body2025

Judgment text

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R/CR.MA/4982/2023 ORDER DATED: 06/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4982 of 2023 ========================================================== JITENKUMAR HASMUKHLAL KHANDOR & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: DR. HARDIK K RAVAL(6366) for the Applicant(s) No. 1,2,3 KAASH K THAKKAR(7332) for the Respondent(s) No. 2 MR TRUPESH KATHIRIYA APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 06/08/2025 ORAL ORDER 1. Heard the learned advocate for the petitioners. Learned advocate for the petitioner submits that during the pendency of the present petition, a charge sheet came to be filed, against which a discharge application was filed by petitioners Nos. 2 and 3. However, the said discharge application has already been dismissed by the competent court. As far as petitioner No. 1, who is the husband, is concerned, learned advocate for the petitioners submits that the petition would survive. 2. However, the learned advocate for the petitioner could not demonstrate from the contents of the FIR how the offense against the husband is not made out. Upon perusal of the FIR and considering the overall circumstances, the Court is of the opinion that a prima facie offense is made out against petitioner No. 1 (the husband). R/CR.MA/4982/2023 ORDER DATED: 06/08/2025 3. In view of the above, there is no merit in the present petition so far as it relates to petitioner No. 1, and hence, the petition qua petitioner No. 1 stands dismissed. 4. As regards petitioners Nos. 2 and 3, learned advocate for the petitioners seeks permission to withdraw the petition. Permission as prayed for is granted. Accordingly, the petition is dismissed qua petitioner No. 1, and disposed of as withdrawn qua petitioners Nos. 2 and 3. (NIRZAR S. DESAI,J) BHAVIN MEHTA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 06/08/2025 17:54:52