R/SCR.A/84/2014 ORDER DATED: 24/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 84 of 2014 ========================================================== TUSHARBHAI M CHAUDHARY Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR RJ GOSWAMI(1102) for the Applicant(s) No. 1 MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 RULE SERVED BY DS for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 24/09/2025 ORAL ORDER 1. By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioner has prayed for quashing and setting aside FIR being C.R.No.I – 231 of 2013 registered with Mehsana City “B” Division Police Station, for the offences punishable under Sections 406, 420, 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein. 2. According to the case of the petitioner, he is practicing advocate and has applied for penal advocate in the Mehsana District Cooperative Milk Production Union Limited, Doodhsagar Dairy, Mehsana. However, his request to empanel him in the said Mehsana District Cooperative Milk R/SCR.A/84/2014 ORDER DATED: 24/09/2025 Production Union Limited has been turned down. Learned advocate for the petitioner would further submit that except that the petitioner has not played any other role. Upon such submissions, Learned advocate for the petitioner states that the present FIR against the petitioner is abuse of process of law and therefore, the same may be quashed. 3. Per contra, learned APP referring to certain documents along with report would submit that the Court may pass necessary orders in terms of the report and other documents produced on record. 4. What could be noticeable that the role of the petitioner is limited to tendering an application for appointing him as penal advocate in the Mehsana District Cooperative Milk Production Union Limited and apart from that, the petitioner has not played any other role. Even, there is no other role found during the investigation against the petitioner. 5. In the case of State of Haryana Vs. B.Bhajanlal & ors., AIR 1992 SC 604, the Hon’ble Apex Court summed up the proposition of law, which reads as under:- “(1) Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations ins the F.I.R. and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under S.156(1) of the Code except under an order R/SCR.A/84/2014 ORDER DATED: 24/09/2025 of a Magistrate within the purview of S.155(2) of the code. (3) Where, the uncontroverted allegations made in the F.I.R. or complaint and the evidence collected in support of the same donot disclose the commission of any offence and make out the case against the accused. (4) Where, the allegations in the F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under S.155(2) of the Code. (5) Whether, the allegations made in the F.I.R. or complaint are sO absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where, there is an express legal bare engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) toi the institution and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge." 5.1 The findings of the Hon’ble Apex Court in para 1,3 and 7 are attracted in the present case. In view of above, present petition deserves consideration. 6. Resultantly, present petition is allowed and impugned FIR being C.R.No.I – 231 of 2013 registered with Mehsana City “B” Division Police Station, for the offences punishable R/SCR.A/84/2014 ORDER DATED: 24/09/2025 under Sections 406, 420, 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein are hereby quashed and set aside. Rule made absolute to the aforesaid extent. 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 24/09/2025 14:36:11