Gujarat High Court
Ajay Dhirajlal Parmar vs State Of Gujarat on 4 February, 2021
Author: B.N. Karia
Bench: B.N. Karia
R/CR.MA/1595/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 1595 of 2021
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AJAY DHIRAJLAL PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR HRIDAY BUCH(2372) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
Date : 04/02/2021
ORAL ORDER
By way of present application, the applicants have prayed to quash and set aside the FIR being CR No. 11200007201652 of 2020 registered with Bhalad Police Station, Dist: Valsad for the offence punishable under Sections 285 of the Indian Penal Code and Sections 3 and 7 of the Essential Commodities Act 1955 and further prayed to stay the further proceedings thereof till final disposal of this application.
Heard learned advocate for the applicants. It was submitted by learned advocate for the applicants that the applicants are the partners of the firm involved in the business of manufacturing Biodiesel under the name and seal Page 1 of 3 Downloaded on : Fri Feb 05 05:16:37 IST 2021 R/CR.MA/1595/2021 ORDER of SRV Biochem. That, the applicants are innocent and have not committed any offence whatsoever and the applicants are being falsely roped into an offence alleged to have been committed by the retailer of Biodiesel ie., accused named in the FIR, who is the Manager/Operator of the Parmatma Biodiesel Pump, the place where irregularities are alleged to have been committed. The applicants are being arraigned merely for the fact that the applicants are th manufacturers of Biodiesel and have sold 21,365 liters of Biodiesel to the Parmatma Biodiesel on 19.08.2020. That, licence was issued by the competent authority and it was renewd time to time and that, however, notice was issued by the Police Officer of Bhilad Police Station on 12.12.2020 informing the applicant to record his tatement by producing necessary documents ie., factory licence and relevant record.
Issues requires consideration.
Notice returnable on 6th May 2021. Learned APP waives service of notice for and on behalf of the respondent No.1-State.
No coercive actions shall be taken against the present applicant by the Investigating Officer till the next date of hearing, however, the applicant shall remain present before the concerned Page 2 of 3 Downloaded on : Fri Feb 05 05:16:37 IST 2021 R/CR.MA/1595/2021 ORDER Police Officer of Bhalad Police Station on 11.02.2021.
Investigating Officer may continue the Investigation and applicant shall cooperate the investigating officer in the investigation.
Registry is directed to send a copy of this order to the concerned Police Station through Fax or Email forthwith.
(B.N. KARIA, J) K. S. DARJI Page 3 of 3 Downloaded on : Fri Feb 05 05:16:37 IST 2021