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NEUTRAL CITATION

R/CR.MA/2644/2026 JUDGMENT DATED: 28/04/2026

0.6531076623232847

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE

FIR/ORDER) NO. 2644 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE VIMAL K. VYAS

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Approved for Reporting Yes No

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MONARAM @ MOHANBHAI PRABHUJI RABARI

Versus

STATE OF GUJARAT & ANR.

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Appearance:

MR VISHVAJITSINH D CHAUHAN(10160) for the Applicant(s) No. 1

MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1

MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

Date : 28/04/2026

ORAL JUDGMENT

1. RULE returnable forthwith. Learned APP Mr. Tirthraj

Pandya waives service of notice of rule for and on behalf of the

respondent no. 1 – State.

2. By way of preferring the present application under Section

528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the

applicant-accused seeks to invoke the inherent powers of this

Court, praying to quash and set-aside the First Information

Report No.11209055250824 of 2025 lodged before the

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NEUTRAL CITATION

R/CR.MA/2644/2026 JUDGMENT DATED: 28/04/2026

0.6531076623232847

Vijaynagar Police Station, Sabarkantha, for the offences

punishable under Sections 65(a), 65(e) of the Prohibition Act.

3. Heard learned advocate Mr. Vishvajitsinh D. Chauhan

appearing for the applicant-accused and learned APP Mr.

Tirthraj Pandya appearing for the respondent no.1 – State.

4. Learned advocate Mr. Vishvajitsinh D. Chauhan appearing

for the present applicant-accused has submitted that the FIR

lodged by the complainant is palpably false. There is not an iota

of evidence to implicate the present applicant-accused with the

alleged offence. He has further submitted that the complainant

has made general allegations against the applicant-accused, and

no specific role has been attributed to the present applicant-

accused. He has further submitted that the name of the present

applicant has been revealed from the statement of the co-

accused, and except the statement of the co-accused, there is no

incriminating evidence on record against the present applicant-

accused.

5. Learned advocate Mr. Vishvajitsinh D. Chauhan has

submitted that the impugned FIR, even if it is taken at its face

value, could not even establish the offence as alleged. He has

submitted that the present applicant was not found in conscious

possession of the liquor, and he was not the owner of the

vehicle, from which, the liquor was found and seized. Learned

advocate has further submitted that the present applicant has

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NEUTRAL CITATION

R/CR.MA/2644/2026 JUDGMENT DATED: 28/04/2026

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nothing to do with the person who was arrested subsequently in

connection with the alleged offence. It is submitted that the

prosecution has not produced any call detail record to suggest

that the present applicant and the co-accused were in contact.

Learned advocate Mr. Chauhan has, therefore, urged that

considering the above, the present application may be allowed

and the impugned FIR may be quashed and set-aside.

6. Learned APP Mr. Tirthraj Pandya appearing for the

respondent No.1 – State has vehemently opposed the present

application and has submitted that the present applicant has

been arraigned as an accused on the basis of the statement of

the co-accused, and as per Section 10 of the Evidence Act, the

statement of the co-accused would be relevant for the purpose

of investigation since it gives a clue or a piece of information to

inquire or investigate as to the role played by the accused in the

commission of the offence, and if any sati