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NEUTRAL CITATION

R/CR.MA/1868/2026 JUDGMENT DATED: 19/05/2026

0.07733909633037483

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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

FIR/ORDER) NO. 1868 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE VIMAL K. VYAS sd/-

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Approved for Reporting Yes No

No

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MAHESHBHAI RAMJIBHAI CHAUHAN

Versus

STATE OF GUJARAT & ANR.

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Appearance:

MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1

MR TIRTHRAJ PANDYA, LD. ADDITIONAL PUBLIC PROSECUTOR for the

Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

Date : 19/05/2026

ORAL JUDGMENT

RULE.

1. Learned Additional Public Prosecutor waives

service of notice of rule for and on behalf of the respondent –

State.

2. By way of filing the present application under Section

528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the

applicant (original accused no.11) has invoked the inherent

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NEUTRAL CITATION

R/CR.MA/1868/2026 JUDGMENT DATED: 19/05/2026

0.07733909633037483

powers of this Court, praying to quash and set-aside the

First Information Report bearing CR.No.11198068230274 of

2023 registered on 14.04.2023 with the Bharatnagar Police

Station, District Bhavnagar, for the offences punishable

under Sections 12(1), 12(3) and 12(4) of the Gujarat Public

Examination (Prevention of Unfair Means) Act, 2023, as well

as the Charge-sheet and the proceedings of the Sessions

Case No.64 of 2023 pending before the learned 4^th

Additional Sessions Judge, Bhavnagar.

3. Learned advocate Mr.Rathin Raval appearing for the

present applicant-accused has submitted that for the

alleged offence committed on 01.01.2012, the impugned FIR

came to be registered on 14.04.2023 (i.e. almost after a

period of more than 11 years) and the charge-sheet bearing

No.24 of 2023 came to be filed on 07.07.2023, which

culminated into Sessions Case No.64 of 2023.

4. At the outset, learned advocate Mr.Raval has

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NEUTRAL CITATION

R/CR.MA/1868/2026 JUDGMENT DATED: 19/05/2026

0.07733909633037483

specifically submitted that he is not challenging the FIR so

far as the offence punishable under Sections 406, 409, 419,

420, 465, 467, 468, 471, 120B, 34, 201 of the Indian Penal

Code and under Section 66(D) of the Information

Technology Act is concerned. The challenge pertains only to

the charge for the offence punishable under Sections 12(1),

12(3) and 12(4) of the Examination Act, 2023.

5. Learned advocate Mr.Raval has submitted that the

present applicant-accused is facing the charge that he had

allowed a dummy candidate, Kalpesh Bhupat Jani, to

appear on his behalf in the examination conducted on

12.02.2017 for the posts of Junior Clerk. He has further

submitted that the Gujarat Public Examination (Prevention

of Unfair Means) Act, 2023, came into force on 03.03.2023

and the examination was conducted prior to it. It is

submitted that under the provisions of Section 5 of the

General Clauses Act, statutes are presumed to be

prospective in effect unless the Legislature expressly or by

necessary implication gives them retrospective operation. He

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NEUTRAL CITATION

R/CR.MA/1868/2026 JUDGMENT DATED: 19/05/2026

0.07733909633037483

has, therefore, submitted that the applicant-accused is

protected by the fundamental rights as guaranteed under

Article 20 of the Constitution of India. Learned advocate

Mr.Raval, therefore, submits that the provisions of Sections

12(1), 12(3) and 12(4) of the Examination Act, 2023, cannot

be applied in the charge-sheet retrospectively.

6. Learned advocate Mr.Raval