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2025 DAILYLAW 7089 (GUJ)

RUSHABHBHAI BIPINBHAI CHAUHAN v. STATE OF GUJARAT

CR.MA/24337/2025 · 2025-11-25

Vimal K Vyas

body2025

Judgment text

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R/CR.MA/24337/2025 ORDER DATED: 25/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 24337 of 2025 ========================================================== RUSHABHBHAI BIPINBHAI CHAUHAN Versus STATE OF GUJARAT ========================================================== Appearance: MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1 MANAN MAHETA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 25/11/2025 ORAL ORDER 1. Draft amendment is allowed. The same shall be carried out forthwith. 1.1 Heard learned advocate Mr. Kishan Prajapati for the applicant and learned APP Manan Maheta for the respondent State. 2. Learned advocate Mr. Kishan Prajapati for the applicant has submitted that the impugned FIR No. 11191038250744 of 2025 lodged before the Vatva Police Station, Ahmedabad, is filed for the offences punishable under Sections 65(a) (e), 81, 98(2) and 116(b) of the Prohibition Act. 3. Perused the entire material on record. It prima facie appears that on the basis of the statement of the co-accused R/CR.MA/24337/2025 ORDER DATED: 25/11/2025 the present applicant has been arraigned as an accused in the present offence and there is no connecting material on record linking the applicant with the alleged offence. 4. In view of above, the present application, deserves consideration. 5. Rule returnable forthwith. Learned APP waives service on behalf of the respondent State. 6. Having heard learned counsel for the respective parties as well as having gone through the entire material on record there is no material brought on record to prosecute the applicant in the alleged offence. Except the statement of the co-accused there is no connecting evidence against the applicant. 7. Resultantly, this Application stands ALLOWED. The impugned FIR No. 11191038250744 of 2025 lodged before the Vatva Police Station, Ahmedabad and all the consequential proceedings arising arising pursuant thereto are quashed and set aside qua the present applicant. 8. Rule is made absolute. Direct Service is permitted. (VIMAL K. VYAS, J) MARY VADAKKAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MARY VINOD ANTHANATTE(HC00204), Principal Pvt. Secretary, at High Court of Gujarat on 26/11/2025 10:26:17