IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 16913 of 2019 ==========================================================

SHARAD ASHOK THANGE Versus STATE OF GUJARAT & ANR.

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Appearance:

MS HARVY H SHAH(10596) for the Applicant(s) No. 1 PUNITA H JOSHI(8419) for the Applicant(s) No. 1 R N RANAVAT(7744) for the Applicant(s) No. 1 DS AFF.NOT FILED (R) for the Respondent(s) No. 2 MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR for the Respondent(s)

No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 25/09/2025

ORAL ORDER

1. When the matter is called out, learned advocate for the petitioner is absent.

2. By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioner has prayed for quashing and setting aside FIR being C.R.No.III – 588/2018 registered with Kalyanpur Police Station, for the offences punishable under Sections 65AE, 116B, 98(2), 81 of the Prohibition Act as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.

3. During the course of argument, learned APP places on record report of the PI, Kalyanpur Police Station indicating that other accused arraigned in the selfsame FIR has been acquitted. As far as the petitioner is concerned, his name is disclosed as per the statement of the co-accused. Under the circumstances, present petition deserves consideration.

4. In the case of State of Haryana Vs. B.Bhajanlal & ors., AIR 1992 SC 604, the Hon’ble Apex Court summed up the proposition of law, which reads as under:-

“(1) Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations ins the F.I.R. and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under S.156(1) of the Code except under an order of a Magistrate within the purview of S.155(2) of the code.

(3) Where, the uncontroverted allegations made in the F.I.R. or complaint and the evidence collected in support of the same donot disclose the commission of any offence and make out the case against the accused.

(4) Where, the allegations in the F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under S.155(2) of the Code.

(5) Whether, the allegations made in the F.I.R. or complaint are sO absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where, there is an express legal bare engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) toi the institution and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

4.1 The findings of the Hon’ble Apex Court in para 1,3 and 7 are attracted in the present case. In view of above, present petition deserves consideration.

5. In the result, present petition is allowed and impugned FIR being C.R.No.III – 588/2018 registered with Kalyanpur Police Station, for the offences punishable under Sections 65AE, 116B, 98(2), 81 of the Prohibition Act as well as all other consequential proceedings arising out of the aforesaid FIR qua the pet