R/CR.MA/5692/2017 ORDER DATED: 15/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 5692 of 2017 ========================================================== JYOTSNABEN D/O. SOMABHAI CHAUDHARI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MITTAL N PATEL(7614) for the Applicant(s) No. 1 MR. CHINTAN DAVE 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 : 15/09/2025 ORAL ORDER 1. Heard learned advocate Ms. Mittal N. Patel appearing for the petitioner and learned APP Mr. Chintan Dave for the respondent-State. 2. The allegations in the FIR is for the offence under Section 177 of the Indian Penal Code. According to the FIR, the petitioner was working as a Constable at Patan. She supplied false information for obtaining the passport and that to without the permission of the State Government or the Police Department, she traveled to Dubai and from Dubai she traveled to U.S.A by passport of one ‘Shahidharma Rang Rajan Madrasi’. 3. At this juncture I may refer to Section 195 (a) (1) of Criminal Procedure Code as under : R/CR.MA/5692/2017 ORDER DATED: 15/09/2025 “ S. 195 Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence (1) No Court shall take cognizance— (a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or (ii) xxxxxxxxxxxxxx (iii) xxxxxxxxxxxxx (except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate) 4. A simple allegations in the matter is with regard to supplying false information to the State and the offence was registered under Section 177 of the IPC. A clear bar is operating for taking cognisance for the offence under Sections 172 to 188 of the IPC except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf. In absence thereof further prosecution is sheer abuse of process of law. 5. In view of above, since clear bar is operating to take cognisance of the offence and therefore, continuing the FIR is abuse of process of law. Page 2 of 3 R/CR.MA/5692/2017 ORDER DATED: 15/09/2025 6. Accordingly, the petition deserves consideration and is Allowed. The impugned FIR being II-C.R. No. 124 of 2011 registered with Mansa Police Station, Gandhinagar and other consequential proceedings arising from the same FIR qua the petitioner is quashed and set aside. (J. C. DOSHI,J) MARY VADAKKAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MARY VINOD ANTHANATTE(HC00204), Principal Pvt. Secretary, at High Court of Gujarat on 15/09/2025 17:38:22