R/SCR.A/1737/2017 ORDER DATED: 23/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1737 of 2017 ========================================================== PRAVINBHAI BACHUBHAI PATEL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR MAHENDRA U VORA(3034) for the Applicant(s) No. 1 ADVOCATE NOTICE SERVED for the Respondent(s) No. 2 MR TIRTHRAJ PANDYA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 23/07/2025 ORAL ORDER Heard learned advocates for the respective parties. Though advocate notice is served, the respondent No.2 has chosen not to appear. The main contention of Learned advocate for the petitioner is that main accused are acquitted by the learned Sessions Court in Sessions Case No.4 of 2016. He tendered copy of the judgment, which is taken on record. Moreover, he submits that the prosecution has filed report u/s 169 of the Code of Criminal Procedure, 1973 in favour of the petitioner as no offence was found against him. Upon such submission, Learned advocate for the petitioner prays to allow this petition. Per contra, learned APP prays to pass necessary orders R/SCR.A/1737/2017 ORDER DATED: 23/07/2025 in the given facts and circumstances. It is undisputed that main accused are acquitted by the learned Sessions Court in Sessions Case No.4 of 2016 vide judgment and order dated 24.1.2020. Moreover, the prosecution has filed report u/s 169 of the Code of Criminal Procedure, 1973 in favour of the petitioner as no offence was found against him. But for no reason, or rather becoming nontechnical, both the learned courts below have rejected said report, perhaps without understanding the purport of section 169 of the Code. The report tendered by learned 4th Addl. Sessions Judge, Surendranagar is taken on record. The role played by the present petitioner is limited to abort the child being a result of rape and thereby, has caused disappearance of the evidence. Since the victim has turned hostile in the deposition recorded at Exh.62 and the investigating officer has categorically admitted that there is no evidence against the petitioner, this Court is of the considered opinion that conducting trial against the petitioner is a futile exercise. Resultantly, present petition is allowed. Impugned judgement and order dated 30.11.2016 passed by learned Sessions Judge, Surendranagar rejecting Criminal Revision Application No.05/2016 filed by the petitioner and in turn upholding the order dated 04.01.2016 passed by learned Principal Civil Judge and Judicial Magistrate First Class, Lakhtar rejecting the report of the investigating Officer dated 23.12.2015 seeking deletion of the name of the petitioner as R/SCR.A/1737/2017 ORDER DATED: 23/07/2025 accused as well as Section 313 of the Indian Penal Code from the FIR registered as CR.No.I- 21/2015 under sections 376, 313, 506(2) and 114 of the Indian Penal Code with Lakhtar Police Station, District Surendranagar are hereby quashed and set aside. (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 23/07/2025 14:27:56