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2025 DAILYLAW 5798 (GUJ)

LEENABEN KANTIBHAI TANDEL v. STATE OF GUJARAT

CR.MA/20075/2021 · 2025-09-26

J C Doshi

body2025

Judgment text

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R/CR.MA/20075/2021 ORDER DATED: 26/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 20075 of 2021 ========================================================== LEENABEN KANTIBHAI TANDEL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR CHINTAN S POPAT(5004) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MR HARDIK MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 26/09/2025 ORAL ORDER 1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the FIR being Proh. CR No.605 of 2014 registered with Vapi Town Police Station for the offences under the provisions of the Prohibition Act and all the consequential proceedings arising therefrom. 2. Heard learned advocates for the parties. 3. Other accused who have allegedly played higher role in commission of offence have been acquitted and concerned learned JMFC recorded acquittal of the other accused on the ground that prosecution has failed to prove allegations levelled in the FIR. The role of the present applicant is limited to the extent R/CR.MA/20075/2021 ORDER DATED: 26/09/2025 of supplying Indian made foreign liquor and her name is arraigned as accused on the basis of statement of two co- accused, who have been acquitted by the learned trial Court as stated herein above. 4. In view of above, putting present applicant in trial would be absurd. 5. In the result, the application is allowed. The impugned FIR being Proh. CR No.605 of 2014 registered with Vapi Town Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant herein. 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 26/09/2025 14:30:57