R/SCR.A/8312/2016 ORDER DATED: 16/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8312 of 2016 ========================================================== STATE OF GUJARAT Versus ASHWINBHAI MAGANBHAI GAUDANI & ORS. ========================================================== Appearance: MR SOHAM JOSHI, ADDL. PUBLIC PROSECUTOR for the Petitioner MS DIVYANSHI SINGH for MR VEDANT J RAJGURU(9375) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 16/09/2025 ORAL ORDER Heard learned advocates for the respective parties. By way of this petition under Article 227 of the Constitution of India r/w section 482 of the Code of Criminal Procedure, 1973, the petitioner challenges order passed below Exh.1 in Criminal Case No.114 of 1992, whereby the criminal complaint was dismissed by the learned Additional Chief Metropolitan Magistrate, Court No.6, Ahmedabad. This criminal complaint was filed by the Food Inspector u/s 2(ia)(a) (m) r/w section 7(i) and 16(1)(a) of the Prevention of Food Adulteration Act, 1954. That after conducting inquiry, Criminal Case No.114 of 1992 was registgered. The complainant was given more than sufficient opportunity to remain present and to keep the accused present in this private complaint. However, neither the complainant nor the R/SCR.A/8312/2016 ORDER DATED: 16/09/2025 accused did remain present before the learned trial Court, which ultimately resulted into issuance of warrant against the complainant. Yet, he did not remain present to proceed further in the age old matter. Ultimately, the learned Additional Chief Metropolitan Magistrate, Court No.6, Ahmedabad dismissed the age old complaint on 23.6.2016 by giving more than sufficient opportunity in exercise of powers u/s 256 of the Code and acquitted the accused. So, instead of filing acquittal appeal against said order, the prosecution has filed Special Criminal Application, which is not maintainable. Therefore, without examining any further merit of the matter, present petition stands dismissed on the ground of maintainability reserving right in favour of the prosecution to file appropriate proceedings, if any, subject to law of limitation. Rule discharged. (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 16/09/2025 14:27:32