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2025 DAILYLAW 4636 (GUJ)

SHVCHARAN LALCHAND BHATIA v. STATE OF GUJARAT

CR.MA/3137/2014 · 2025-08-06

J C Doshi

body2025

Judgment text

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R/CR.MA/3137/2014 ORDER DATED: 06/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 3137 of 2014 ========================================================== SHVCHARAN LALCHAND BHATIA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR PUNAM G GADHVI(3724) for the Applicant(s) No. 1 VAISHALI J SHAH(8753) for the Applicant(s) No. 1 MR SOHAM JOSHI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 06/08/2025 ORAL ORDER During the course of arguments, order of the Division Bench of this Court in LPA No.42609 of 2009 and allied matters in SCA No.12250 of 2017 is brought to the notice of the learned APP as well as investigating officer Mr. LB Dabhi, PI, CID Crime, Unit No.1, Ahmedabad Zone, who is present in the Court. Vide order dated 5.4.2018 passed in SCA No.12250 of 2017, the learned Single Judge of this Court quashed the show cause notice dated 31.5.2017 issued to the petitioner by the State Government, which is in regards to exercise of suo motu powers u/s 84(C) of the Tenancy Act for the land bearing survey No.708/1. The very land is a subject land of the FIR. The order was carried to the Division Bench by way of LPA by the State Government unsuccessfully. R/CR.MA/3137/2014 ORDER DATED: 06/08/2025 Since the aforesaid facts came to the notice of learned APP as well as investigating officer Mr. LB Dabhi, the investigating officer fairly submitted to this Court that now, the contents of the FIR do not survive and he shall file report u/s 173 of the Code of Criminal Procedure, 1973 in the form of “C” summary before the learned trial Court within two weeks from today. In the aforesaid circumstances, learned advocate Mr. Punam Gadhvi for the petitioner withdraws this petition with a liberty to revive the same in case of difficulty. Accordingly, present petition stands disposed of as withdrawn with above liberty. Rule discharged. Interim relief granted earlier stands vacated. It is clarified that this Court has not examined the merits of the matter. Direct service is permitted. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 06/08/2025 18:08:26