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2026 Supreme(Online)(Guj) 8780
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 7831 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No ✔==========================================================
FAZAL MOHAMMAD JUSABJI KHATRI Versus THE STATE OF GUJARAT & ANR.
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Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2
VRUNDA SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 17/03/2026
(M. K. THAKKER, J)
Vikramsinh Amarsinh
JUDGMENT
1. The present application is filed for quashing of FIR No. C. R. 1121101520051 of 2020 registered with Dhangadhra City Police Station for the offenses punishable under Section 188 of the IPC and Section 56 of the Disaster Management Act.
2. The brief facts stated in the FIR are referred hereinbelow.
“The offence is under Section 188 of the IPC and under section 56 of the Disaster Management Act, 2005 that despite there being Nation-wide Pandemic-Disaster declared by the Government of India in view of the Corona virus outbreak, the accused in this case, Fazal Mohammad Zusabji Khatri- working as Deputy Executive Engineer being a Government employee on disregarding the notice to remain present on duty, he has committed an offence by not reporting at the duty.
Complaint: Date: 24/04/2020 My name is Uday Lalitprasad Dave, Brahmin by caste, Age: 56 years, occupation: Service, residing at: Sarvoday Society, Block No: 11, near Kunj Nath Derasar, Surendranagar, Mo: 9825135734. On being asked in person, I state that I live with my family at the address mentioned above and serve as In-charge Executive Engineer in the OfÏce of Executive Engineer, Road & Building Department, at District Panchayat, Surendranagar and administration of staff-employees of the ofÏces of Limbdi, Dhrangdhara, Patdi and Surendranagar falls under the aegis of my o Wherein, Mr. Fazalmohammad Zusabji Khatri is working as a Deputy Executive Engineer in the ofÏce of Deputy Executive Engineer at Dhrangdhara, who is absent from his duty since 20/03/2020 without any prior sanction of the competent authority until this date and despite he being explained telephonically to remain present on the duty frequently, he did not report to duty, which was intimated to our Superior Authority, Mr. Shailesh L. Shah, District Development O who issued notice instructing him to report for the duty on 01/04/2020 through Whats App on his mobile number: 9978427714 to which he gave his explanation on WhatsApp, which was not accepted by the District Development OfÏcer, to which he was explained to be present on duty by me telephonically.
Despite this, as he was not reporting on the duty, and as his period of absence from duty was exceeding one month, District Development OfÏcer sought for the permission of the District Collector, Surendranagar to initiate proceedings against him as there was a nation-wide pandemic declared on account of Corona virus outbreak, and the Epidemic Act, 1987 and the Disaster Management Act, 2005 being in force, to which the permission to initiate criminal proceedings against Mr. Fazalmohammad Zusabji Khatri (F.Z. Khatri), Deputy Executive Engineer was issued by the Collector, Surendranagar vide letter no: Disa/ DM Act-2005/ WS/ 04/ 2020 dated 22/04/2020.
Thus, it is my complaint to initiate proceeding against Fazalmohammad Zusabji Khatri on being absent from duty. My witnesses shall be those who emerge during the inquiry and I produce the photocopy of necessary documents for legal proceedings against him herewith.”
3. Heard learned advocate Ms. Krishna Gajjar for learned advocate Mr. Zubin F. Bharda for the applicants, learned advocate Ms. R. R. Gautam for learned advocate Mr. H. S. Munshaw for the complainant and learned APP Ms. Shah for the State.
4. It is submitted by the learned advocate Ms. Gajjar for the applicant that the FIR was registered for the sole offence under Section 188 of the IPC. It is submitted by learned advocate Ms. Gajjar that the bar of Section 195 would come into play as under Section 195, no cognizance can be taken except on the complaint for the offences, which are stated in the provision. It is submitted by learned advocate Ms. Gajjar that as per the decision rendered by the Hon’ble Apex Court in the case of Devendra Kumar V/s. State (Nct of Delhi) and Another reported in 2025 (0) AIJEL-SC 75760, no cognizance can be taken except on complaint. However, when the FIR is registere
