R/SCR.A/16316/2024 ORDER DATED: 21/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 16316 of 2024 ========================================================== NISHITBHAI S/O DEVPRAKASH GOPICHAND GUPTA Versus STATE OF GUJARAT ========================================================== Appearance: MR ROHIT S VERMA(3887) for the Applicant(s) No. 1 MR RUTURAJ NANAVATI(5624) for the Applicant(s) No. 1 MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 21/08/2025 ORAL ORDER [1.0] By way of present petition under Article 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner has sought for the following relief: “This Hon’ble Court be pleased to quash and set aside the common order dated 06.11.2023 passed by the learned Additional Chief Metropolitan Magistrate, Court No.23, Ahmedabad in Criminal Case No.84040 of 2019 as well as the order dated 06.11.2024 passed by the learned Addl. Sessions Judge, Court No.7, City Civil and Sessions Court, Ahmedabad in Criminal Revision Application No.29 of 2024;” [2.0] Brief facts of the case are that, petitioner was not named in the FIR however, during investigation his names is revealed on the basis of statement of co-accused. After investigation the case culminated into Criminal Case No.84040/2019 for the offence under Section 188 of the Indian Penal Code, 1860, sections 25(1)(a), 25(1)(b) and 30 of the Arms R/SCR.A/16316/2024 ORDER DATED: 21/08/2025 and section 135(1) of the Gujarat Police Act. As the petitioner was subsequently arraigned on the basis of statement of co-accused, petitioner filed application Exh.12 seeking discharge, which came to be dismissed vide impugned order dated 06.11.2023. [2.1] Being aggrieved and dissatisfied, the petitioner preferred Criminal Revision Application No.29 of 2024 which also came to be dismissed by the learned Additional Sessions Judge, Court No.7, City Sessions Court, Ahmedabad vide order dated 06.11.2024. [2.2] Being aggrieved and dissatisfied with the aforesaid two orders, petitioner has preferred the present petition. [3.0] Heard learned advocate for the petitioner and learned APP for respondent – State of Gujarat. [4.0] Learned advocate for the petitioner has submitted that petitioner is original accused No.5 of Criminal Case No.84040/2019 pending before the learned 6th Additional Chief Judicial Magistrate, Ahmedabad. Initially the name of the petitioner was not mentioned in the FIR. Subsequently, during the course of investigation, name of the petitioner is revealed based on the statement of co-accused. Further, no any material or evidence except the statement of co-accused is collected which suggests the involvement of the present petitioner. Even, there is no any documentary evidence produced by the prosecution to prove the involvement of the petitioner or to frame the charge against the present petitioner. Petitioner is having a registered shop in the name and style as Gujarat Bandook Bhandar and is engaged in the purchase and selling of arms and ammunitions however, merely because petitioner is engaged in the business of R/SCR.A/16316/2024 ORDER DATED: 21/08/2025 arms and ammunitions is not a ground to arraign the petitioner as an accused. Petitioner is doing legitimate business of arms and ammunitions and he is also having the license for the same. Hence, learned advocate for the petitioner has requested to allow the present petition and discharge the petitioner. [5.0] Learned APP has opposed the present petition on the ground that ample material has been collected during investigation and statement of co-accused is relevant for the purpose of investigation and even otherwise statement of co-accused is not hit by section 25 of the Evidence Act as other material is collected and there is sufficient material collected to frame charge against the petitioner and therefore, discharge application of the petitioner is properly rejected. Further, accused has produced the weapon by paying consideration of Rs.60,000/-. The statement of witness is recorded and involvement of the petitioner is found. Hence, he has requested to dismiss the present petition. [6.0] Perusing the material and statement submitted by Ms. S.V. Baria, Police Sub Inspector, Nikol Police Station and perusing the investigation papers, it appears that except of statement of co- accused, no any material is collected which suggests involvement of the present petitioner and the said statement in absence of any legal evidence or corrobatory material, charge could not have been framed against the petitioner as he is engaged in the legitimate business of arms and ammunitions and except the statement in air of co-accused, much less any evidence to put the petitioner on trial and even, the charge is framed without any ground. [7.0] Considering the aforesaid facts, without further discussing into R/SCR.A/16316/2024 ORDER DATED: 21/08/2025 merits of the case, as the Investigating Officer Ms. S.V. Baria, PSI, Nikol Police Station has accepted that except the statement of co-accused, there is no any other material and hence, present petition deserves consideration. [8.0] In wake of aforesaid discussion, present petition is allowed. Resultantly, common order dated 06.11.2023 passed by the learned Additional Chief Metropolitan Magistrate, Court No.23, Ahmedabad in Criminal Case No.84040 of 2019 as well as the order dated 06.11.2024 passed by the learned Addl. Sessions Judge, Court No.7, City Civil and Sessions Court, Ahmedabad in Criminal Revision Application No.29 of 2024 are hereby quashed and set aside qua present petitioner – accused No.5 – NISHITBHAI S/O DEVPRAKASH GOPICHAND GUPTA only alongwith all consequential proceedings thereto and petitioner is discharged from all the offences in connection with Criminal Case No.84040/2019 pending in the Court of learned Additional Chief Metropolitan Magistrate, Court No.23, Ahmedabad. Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 21/08/2025 18:16:43