R/CR.MA/19360/2022 ORDER DATED: 28/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 19360 of 2022 ========================================================== SAMIR ABDULBHAI QURESHI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR .B A PATEL(5281) for the Applicant(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2 MR RONAK RAVAL, PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 28/07/2025 ORAL ORDER 1. By way of this petition, the petitioner has prayed to quash and set aside the impugned FIR, bearing No. 11196004220116 of 2022, registered with Gotri Police Station, Vadodara City, for the offence punishable under Sections 323, 504 and 506(2) of the Indian Penal Code and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 1.1 On 24.07.2025, this Court passed the following order; “Learned APP Mr. Mehta has placed on record the Report dated 24.7.2025 submitted by the Assistant Police Commissioner, B Division, Vadodara City. The same is taken on record. Page 1 of 4 R/CR.MA/19360/2022 ORDER DATED: 28/07/2025 When the matter was called out, learned advocate for the applicant Mr. B. A. Patel was absent. Even on 22.7.2025, he was absent and hence, the Court has adjourned the matter today. Since today Mr. Patel has remained absent as well and there is no sick and/or leave note filed by him, as a last chance, list the matter on 28.7.2025 on top of the Board. On the next date of hearing, if Mr. Patel chooses to remain absent, the Court will be constrained to take up the matter even in his absence and pass appropriate order with the assistance of learned APP.” 2. It seems that the learned Advocate for the petitioner does not want to conduct this matter and the litigant has lost interest in the matter, since, despite giving sufficient opportunity, learned Advocate for the petitioner has chosen not to remain present before this Court. Today also, though, the matter was called twice, learned Advocate for the petitioner was not present on both the sessions. Therefore, this Court was constrained to take-up this matter for hearing with the assistance o the learned APP. 3. As per the impugned FIR filed by the original complainant, though, the present petitioner do not belong to the religion to which the complainant belongs to, by misrepresenting his religion, he befriended the daughter of the complainant and indulged into intimate relationship with her. Ultimately, an FIR was registered and the present petitioner was arrested and at that time, the relatives of the R/CR.MA/19360/2022 ORDER DATED: 28/07/2025 petitioner came to the house of the complainant and took away his daughter. Thereafter, when the petitioner was released on bail and came home, he beat the daughter of the complainant and therefore, she returned to her parental home and narrated that she was physically abused and mentally harassed. Thereafter, the present petitioner came to the house of the complainant on 21.01.2022 to fetch back his wife, i.e. the daughter of the complainant, and at that time some scuffle took place, where, the petitioner allgedly uttered the words, which are derogatory to the caste of the complainant and hence, the impugned FIR is filed. 4. Though, the petitioner is represented by learned Advocate, Mr. Patel, he repeatedly chose to remain absent before this Court and today also, he is absent. 5. Learned APP, Mr. Raval, appearing for the Respondent- State submitted that the petitioner herein did not cooperate with the investigation and even he did not remain present at the time of trial. Aforesaid statement is made by the learned APP, Mr. Raval, under the instructions received from the concerned IO, who is personally present before this Court. 5.1 It was also submitted that the charge-sheet has already been filed and therefore, a prima facie case is made out against the present petitioner and also looking to his conduct and the fact that the learned Advocate, Mr. Patel, R/CR.MA/19360/2022 ORDER DATED: 28/07/2025 appearing for the petitioner has chosen not to remain present before this Court, despite sufficient opportunities granted and therefore, this petition may be dismissed. 6. Heard. Considering the submissions made herein above, so also the fact that the charge-sheet is filed, which would indicate that prima facie involvement of the present petitioner in the offence in question is made out, this petition deserves to be dismissed. 7. Resultantly, this petition fails and the same is dismissed. Rule is discharged. (NIRZAR S. DESAI,J) UMESH/- Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 28/07/2025 18:03:00