Mohemad Hanif Abdulsatar Teliya VS State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HASMUKH D. SUTHAR
Mohemad Hanif Abdulsatar Teliya – Appellant
Versus
State of Gujarat – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. IH Syed, Sr. Advocate with Mr. Ruchit J. Vyas (10687), Advocate
For the Respondent No.2: Notice Served
For the Respondent No.1: Mr. Manan Maheta, Addl. Public Prosecutor

JUDGMENT (CAV)

Rule returnable forthwith. With the consent of learned Counsel appearing for respective parties, present petition is taken up for final hearing today.

2. By way of present petition under Articles 14, 21, 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short “CrPC”), the petitioner has prayed for the following reliefs:—

“(b) To quash and set aside the impugned FIR being CR No.11198001230318 of 2023 dated 11.06.2023 registered with Neelambaug Police Station, Bhavnagar, Charge-sheet dated 11.09.2023 (Annexure-A) and Sessions Case No.107 of 2023 pending before the learned 5th Additional District Judge, Bhavnagar and any subsequent proceedings arising thereto;”

3. The case of the prosecution against the petitioner is as under:

3.1 Present petitioner is the father of juvenile. It is the case of the petitioner that on 11.06.2023 at around 6.30 a.m., the complainant was informed by his friend that his father met with an accident while he was driving his Activa and one Maruti Swift Car No.GJ-04-CA-6433 dashed with the Activa and dead body of the deceased father of complainant was lying near the front tyre of the said