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2025 DAILYLAW 6203 (GUJ)

MITHUNBHAI JAYANTIBHAI BAMBHANIYA v. STATE OF GUJARAT

CR.MA/21193/2021 · 2025-04-25

J C Doshi

body2025

Judgment text

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R/CR.MA/21193/2021 ORDER DATED: 25/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 21193 of 2021 ========================================================== MITHUNBHAI JAYANTIBHAI BAMBHANIYA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MR MANAN MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 25/04/2025 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 CR No.11211050210408 registered with Thangadh 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 vide order dated 22.11.2023 passed in Criminal Case No.244 of 2022 on the ground that prosecution has failed to prove allegations R/CR.MA/21193/2021 ORDER DATED: 25/04/2025 levelled in the FIR. 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 CR No.11211050210408 registered with Thangadh 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 25/04/2025 17:38:41