IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO, J.
Akshaykumar Dahyabhai Chaudhary – Appellant
Versus
State Of Gujarat And Anr. – Respondents
Criminal Misc.Application (For Quashing & Set Aside Fir/Order) No. 4155 Of 2026
Decided On : 20-04-2026
JUDGMENT :
S.V. PINTO, J.
1. By way of the present application, the applicant party-in-person has prayed as follows :
(A) Quash and set aside the FIR being C.R.No.11191046230241/2023 registered in June 2023 with Airport Police Station, Ahmedabad City, along with the charge sheet filed pursuant thereto, and all consequential proceedings against therefrom, including Criminal Case No. CC/118351/2023 presently pending and being tried before the Court of 5th - 4th Additional Chief Judicial Magistrate, First Class, Ahmedabad City, in exercise of the inherent powers under Section 482 of the Code of Criminal Procedure, 1973.
(B) Hold and declare that the continuation of the impugned criminal procedure against the petitioner ins manifestly illegal, amount of abuse of the process of law, and violates the petitioner’s fundamental rights guaranteed under Article 21 of the Constitution of India.
(C) Grant interim and / or ad-interim relief, pending final disposal of the present application, by staying further proceedings arising out of and pursuant to the impugned FIR and charge-sheet including trial proceedings, if any.
(D) Pass any other and further order(s) as this Hon’ble Court may deem fit, proper and justice in the facts and circumstances of the case, in the interest of justice;
(E) Clarify that the quashing of the impugned proceedings shall be without prejudice to the petitioner’s right to pursue appropriate civil remedies, including claims for damages arising out of illegal arrest, malicious prosecution and abuse of authority, in independent proceedings, in accordance with law.”
2. The relevant facts leading to filing of the present application are as under:
2.1. The complainant Bharatkumar Chimanbhai Dodiya, Constable, CISF No.084840024, has filed the complaint mainly stating that on 09.06.2023, from about 21:40 hours to 10.06.2023 at 06:00 hours, he was on duty at the Staff Gate of Terminal-2 at Sardar Vallabhbhai Patel International Airport and his duty was to check the passes of airport staff and allow them entry into the airport and to ensure that no passenger exits the airport premises without permission of the airline staff. During the said duty, on 09.06.2023 at about 21:40 hours, one passenger approached him and stated that he wanted to go outside of the airport and he told the passenger that since no airline staff was accompanying him, he would not allow him to exit and if he wished to go out, he should bring the concerned airline staff along with him. The said passenger left and returned after about 10–15 minutes stating that the airline staff had shown unwillingness to accompany him. The complainant once again informed the passenger that without the airline staff, he would not be allowed to exit. The complainant called the URT Staff Constable P. Mahesh via walkie-talkie, who came to the spot. They took the passenger to the Singapore Airlines checking counter to verify his ticket and upon checking, the ticket in possession of the passenger showed PNR No. 6LOAAN, passenger name as Mr. AKSHAYKUMAR CHAU(A), flight No. SQ 505, departing on Fri, 9 June 2023 at 22:50 hours. However, upon verification in the airline system, the same PNR No. 6LOAAN reflected the passenger name as CHAUDHARI ABHAYKUMAR MR flight No. SQ 505, departing on Fri, 9 June 2023 at 22:50 hours and it was informed that the said passenger had already reached the boarding gate. No booking was found in the name of Akshaykumar Chaudhari. The airline staff informed them that the ticket in possession of the passenger was forged. Thereafter, Constable P. Mahesh checked the passport of the passenger, which bore Passport No. M0748371 in the name of Chaudhari Akshaykumar Dahyabhai, residing at Plot No. 104/1, Sector-21, Kishannagar, Gandhinagar. On further inquiry by CISF Inspector Ms. Amita Kumari, the passenger disclosed that the PNR in question was originally booked in the name of his relative brother, Abhay Jashubhai Chaudhari, resident of village Bakarpur, Chipriwas, Tal
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