R/CR.MA/11617/2025 ORDER DATED: 03/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 11617 of 2025 ========================================================== HARSHADKUMAR SHANTILAL MANEK (H S MANEK) Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ND NANAVATY, SR. ADVOCATE, DHRUV TOLIYA(9249) for the Applicant(s) No. 1 IG JOSHI(8726) for the Respondent(s) No. 2 MR RONAK RAVAL, PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 03/07/2025 ORAL ORDER Rule. Learned APP waives service of rule for the Respondent-State and learned Advocate, Mr. Joshi, waives for Respondent No.2. 1. By way of this petition, the petitioner has prayed to quash and set aside the impugned FIR, being No. 11208003250543 of 2025, registered with Gandhigram - 2 (University) Police Station, Rajkot City, under Sections 229(1), 233, 236, 237, 242, 336(2), 336(3), 338, 340(2), 319(2), 61 and 62 of the Bhartiya Nyay Sanhita, 2023. 2. Learned Sr. Advocate, Mr. Nanavaty, appearing with learned Advocate, Mr. Toliya, for the petitioner invited the attention of this Court to the directions issued by the learned 8th Additional Senior Civil Judge, Rajkot (‘Court Below’, in short), vide order dated 02.06.2025, passed in application below Exhibit-1 in Civil Miscellaneous Application No. 405 of 2025, the operative portion whereof R/CR.MA/11617/2025 ORDER DATED: 03/07/2025 reads thus; “ ORDER Present probate application is hereby rejected. In the present CMA No. 405/2025 during the legal proceedings affidavit, photo and identity card which is wrongly produced and used as right document. Thereby, criminal complaint to be filed against applicant Minaba Rajbha (Rajendrasinh) Chavda and others. Registrar of Rajkot District is directed to file a criminal complaint against Minaba Rajbha (Rajendrasinh) Chavda and others. ... ” 2.1 By referring to the above directions, learned Sr. Advocate, Mr. Nanavati, submitted that the direction issued by the Court below is to register a complaint against one Minaba Rajbha (Rajendrasinh) Chavda and therefore, straight away an FIR could not have been lodged in absence of a complaint, as is directed by the Court below. 2.2 Learned Sr. Advocate, Mr. Nanavati, submitted that since the impugned FIR lacks basic fundamentals of criminal jurisprudence, the same could not have been registered. It was, therefore, prayed that this petition be R/CR.MA/11617/2025 ORDER DATED: 03/07/2025 allowed. 3. Pursuant to the notice issued by this Court on 19.06.2025, learned Advocate, Mr. Joshi, has put-in appearance on behalf of Respondent No.2 – complainant and under the instructions, he fairly submitted that this Court may quash the impugned FIR qua the present applicant, but, liberty may be reserved in favour of Respondent No.2 to act in accordance with the directions issued by the Court below vide order dated 02.06.2025. 4. Heard. In view of the above, no detailed order is required to be passed by this Court and accordingly, this petition is allowed and the impugned FIR, being No. 11208003250543 of 2025, registered with Gandhigram - 2 (University) Police Station, Rajkot City, is quashed and set aside qua the present petitioner, however, with reserving a liberty in favour of Respondent No.2 to act in accordance with law for complying with the directions issued by the Court below vide its order dated 02.06.2025. It is clarified that this Court has not examined the merits of the matter. All the rights and contentions of both the sides are kept open. Rule is made absolute. Direct service is permitted. (NIRZAR S. DESAI,J) UMESH/- Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 03/07/2025 18:12:30