IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Govardhankumar Thakoredas Asrani - Appellant
Vs.
State of Gujarat and Ors. - Respondents
Criminal Misc. Application (For Quashing & Set Aside FIR/Order) No. 24632 of 2015, Special Criminal Application Nos. 2544, 20831 of 2015, 24379, 21601, 23399, 26688, 26917 of 2016, 2267, 7470, 6225, 6545 & 2382 of 2017
Decided On : 13-04-2017
J.B. Pardiwala, J.
1. Since a common question of law has been raised in all the captioned applications, those were heard analogously and are being disposed of by this common judgment and order.
2. By these applications under section 482 of the Code of Criminal Procedure, 1973, the applicants, arraigned as accused in the different criminal cases, seek to invoke the inherent powers of this Court praying for quashing of the proceedings of the criminal cases on the ground that the court concerned could not have taken cognizance of the offences on a police report in view of the bar of section 195 of the Code.
3. Let me look into the individual cases.
4. The Criminal Misc. Application No. 24632 of 2015 has been filed by one Govardhankumar Thakoredas Asrani, praying for the following reliefs;
"(A) Be pleased to quash and set aside the FIR being C.R. No. II-3231 of 2012 lodged with Kodinar Police Station and consequential Criminal Case No. 175 of 2013, pending in the Court of learned Judicial Magistrate, First Class, Kodinar.
(B) Pending admission, hearing and final disposal of this petition, be pleased to stay the further proceedings of Criminal Case No. 175 of 2013, pending in the court of learned Judicial Magistrate, First Class, Kodinar.
(C) Be pleased to grant such other and further relief as the Hon'ble Court may deem fit."
5. In this case, the police filed the charge-sheet for the offence punishable under section 188 of the IPC.
6. The Special Criminal Application No. 2544 of 2015 has been filed by, in all, eleven applicants with the following prayers;
"(A) This Hon'ble Court may be pleased to issue a writ of certiorari or a writ in the nature of certiorari, any other appropriate writ, order or direction and may be pleased to quash and set aside the impugned charge-sheet in respect of FIR being CR No. I-83 of 2014 lodged against the petitioners with Kapadwanj Town Police Station for the offence under sections 141, 143, 186, 332, 353, 504, 506(2) of I.P. Code.
(B) Pending hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the further proceedings of criminal case against the petitioners which is pending before the Court of learned Judicial Magistrate, First Class, Kapadwanj, pursuant to the charge-sheet filed by the police in connection with the FIR being CR No. 83 of 2014 registered by the police against the petitioners for the offences punishable under sections 141, 143, 186, 332, 353, 504, 506(2) of I.P. Code.
(C) Be pleased to pass such other and further order as may be deemed fit, proper in the facts of the case and in the interest of justice."
7. In this case, the charge-sheet came to be filed for the offence punishable under sections, 141, 143, 186, 332, 353, 504, 506(2) of the IPC.
8. The Criminal Misc. Application No. 24379 of 2016 has been filed by, in all, five applicants with the following prayers;
"(A) Be pleased to quash the FIR being C.R. No. II-138 of 2016 lodged by respondent No. 2 with Rajpipla Police Station;
(B) Pending admission, hearing and final disposal of this petition, be pleased to stay the further investigation of the FIR being C.R. No. II-138 of 2016 lodged by respondent No. 2 with Rajpipla Police Station;
(C) Be pleased to pass such other and further relief as the nature and circumstances of the present case may require;
9. It appears that in this case, the charge-sheet has not been filed and the investigation is in progress. The first information report is for the offence punishable under section 186 read with section 114 of the IPC.
10. The Criminal Misc. Application No. 20831 of 2015 has been filed by one Babubhai Mavjibhai Mangukiya with the following prayers;
"(A) Be pleased to quash the FIR being C.R. No. II-313 of 2015 lodged with Sarthana Police Station;
(B) Pending hearing and final disposal of this petition, this Hon'ble Court be pleased to stay the further investigation in respect of the FIR being C.R. No. II-313 of 2015 lodged with Sarthana Police Station;
(C) Be p
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