R/CR.MA/25506/2024 ORDER DATED: 22/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 25506 of 2024 ========================================================== JAYESHBHAI GAGJIBHAI BHARWAD & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR SUNILKUMAR V KATHERIA(10188) for the Applicant(s) No. 1,2,3 MR RONAK RAVAL, PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 22/09/2025 ORAL ORDER 1. On 18.09.2025, this Court had passed following order; “ On 17.9.2025, following order was passed :- “When the matter was called out, learned advocate Mr. Sunilkumar Katheria, appearing for the applicants, remained absent. Hence, list the matter tomorrow, i.e., on 18.09.2025. This petition, filed in the year 2024, has been adjourned from time to time on one ground or another. If tomorrow, i.e., on 18.09.2025, learned advocate Mr. Sunilkumar Katheria, appearing for the applicants, again chooses to remain absent, the Court shall be constrained to take up the matter with the assistance of the learned Additional Public Prosecutor and pass appropriate orders. Page 1 of 4 R/CR.MA/25506/2024 ORDER DATED: 22/09/2025 Stand over to 18.09.2025.” 2. Today also, learned advocate Mr. Katheria is absent. However, considering the fact that the matter was called out at 5.15 p.m., in the interest of justice, matter is adjourned to 22.9.2025. To be listed in the Supplementary Board and the matter shall be taken up at 2.30.” 1.1 A perusal of the above order would indicate that the matter was listed before this Court on 17.09.2025 and on 18.09.2025 and on those dates learned Advocate, Mr. Katheria, chose not to remain present before this Court. Further, the record indicates that this petition was filed on 20.12.2024 and the same was registered on 24.12.2024 and thereafter, all throughout for the one reason or the other, including the reason of absence of learned Advocate, Mr. Katheria, on account of leave-note / sick-note filed by him, this matter was adjourned from time-to-time. 1.2 Today also, when the matter was taken-up for hearing in the Second Session, i.e. at 02:30 p.m., learned Advocate, Mr. Katheria, was again absent. Therefore, considering the fact that learned Advocate, Mr. Katheria, appearing for the petitioner has not been conducting this matter, this matter was taken-up by this Court for disposal with the assistance of the learned APP. Hence, Rule. Learned APP waives service of rule for Respondent No.1-State. R/CR.MA/25506/2024 ORDER DATED: 22/09/2025 1.3 By way of this petition, the petitioners have prayed to quash and set aside the FIR, bearing CR No. I/76/2018, registered with Varnama Police Station, Vadodara, under Sections 465, 467, 468, 472, 419, 471, 114 and 120B of the Indian Penal Code, charge-sheet No. 22/2019, which has culminated into Criminal Case No. 8373 of 2019, and all other consequential proceedings arising, therefrom. 1.4 As the learned Advocate, Mr. Katheria, appearing for the petitioners is not present, on a bare perusal of the impugned FIR, it is revealed that present Petitioner Nos. 1 to 3 are shown as original accused Nos. 1, 2 and 5 in the impugned FIR and they are alleged to have prepared a false agreement for sale, wherein, though, the name of the original owner of the land – Respondent No.2 was mentioned, the photograph of some other person was used and on the basis of the said fraudulent agreement, the present petitioners allegedly tried to sell the land in question by preparing fake election card and that is how, the impugned FIR came to be lodged. 1.5 This Court also notices that the charge-sheet was filed in the year 2024 and thereafter, the matter was never conducted by the learned Advocate, Mr. Katheria. 1.6 On perusal of the documents annexed with this R/CR.MA/25506/2024 ORDER DATED: 22/09/2025 petition, this Court finds that the charge-sheet is already filed and looking to the role attributed to the present petitioners, prima facie, offence is disclosed and as the filing of the charge-sheet has culminated into Criminal Case No. 8373 of 2019, which is pending since 2024, this Court does not see any reason to entertain this petition. 2. Resultantly, this petition fails and the same is dismissed. However, it is clarified that as this dismissal is based only on the fact that a prima facie case is disclosed against the present petitioners, the concerned trial Court shall not be influenced by any of the observations made herein above and it shall decide the case of the petitioners on its own merits. 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 22/09/2025 18:22:15