R/CR.MA/21316/2019 ORDER DATED: 23/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 21316 of 2019 ========================================================== JAYESH PRATAPBHAI RATHOD Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR BHAVIN S RAIYANI(3855) for the Applicant(s) No. 1 MR SOHAM JOSHI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 RULE SERVED BY DS for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 23/04/2025 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 Proh. CR No.144 of 2018 registered with Bhaktinagar 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 on the ground that prosecution has failed to prove allegations levelled in the FIR. R/CR.MA/21316/2019 ORDER DATED: 23/04/2025 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 Proh. CR No.144 of 2018 registered with Bhaktinagar Police Station, Rajkot as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant herein. Rule made absolute to the aforesaid extent. 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 23/04/2025 16:59:12