R/CR.MA/16723/2023 ORDER DATED: 08/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 16723 of 2023 ===================================================== BHARAT @ BHAVESH @ BHAKO DEVSHIBHAI VADHER (KOLI) Versus STATE OF GUJARAT & ANR. ===================================================== Appearance: DENISH V MAVADHIYA(9207) for the Applicant(s) No. 1 MR. RANJIT D VADHER(14127) for the Applicant(s) No. 1 MR HARDIK MEHTA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ===================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 08/07/2025 ORAL ORDER This matter also was called out twice during the course of the day and though the petition was presented on 14.9.2023 and registered on 15.9.2023, from the order sheet it seems that the hearing of the matter has never taken place. The FIR under challenged is in respect of an offence registered under Sections 363 and 366 of Indian Penal Code registered on 11.10.2022 and the age of victim girl is only 14 years and 11 months, wherein as per the FIR, the R/CR.MA/16723/2023 ORDER DATED: 08/07/2025 daughter of the complainant age 14 years and 11 months was sleeping the frond yard of the house, at around 2:00 in the night, when the complainant got up from the sleep, she found that her daughter is missing and upon a suspicion that the present applicant has abducted her, the FIR was registered on 11.10.2022. Thereafter, the charge-sheet was filed on 12.12.2022 which would indicate that prima-facie offence is made out and further considering the fact that the age of victim is 14 years and 11 months. However, the record also indicates that subsequently Section 376(2) (N), 376(3), 465, 114 and Section 4, 5(L), 6, 8, 12 and 17 of POCSO Act were added which would indicate that the offence is of serious nature, as well as considering the fact that learned advocate Mr. Mavadhiya was absent on both the occasions when the matter was called out, there was no assistance from learned advocate appearing for the petitioner and therefore, the Court had to perused the FIR and bare reading of R/CR.MA/16723/2023 ORDER DATED: 08/07/2025 FIR constitute a prima-facie offence and therefore, petition is required to be dismissed and the same is dismissed. (NIRZAR S. DESAI,J) Pallavi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 08/07/2025 17:22:13