Gujarat High Court
Babubhai @ Bhanabhai Bhudarbhai Vyas vs State Of Gujarat on 12 September, 2025
NEUTRAL CITATION
R/CR.MA/19135/2021 ORDER DATED: 12/09/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 19135 of 2021
==========================================================
BABUBHAI @ BHANABHAI BHUDARBHAI VYAS
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR. SOAHAM JOSHI ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 12/09/2025
ORAL ORDER
1. Heard learned advocate Mr. Ashish M. Dagli appearing for the petitioner and learned APP Mr. Soaham Joshi appearing for the respondent State.
2. Learned advocate Mr. Ashish M. Dagli for the petitioner submits that the petitioner was not trading in the bio diesel but the normal paraffin. He referred to (Annexure B) and submitted that normal paraffin was traded and he also referred to (Annexure C) and submitted that the normal paraffin does not fall in the definition of the Essential Commodities Act attracting the offence under Section 3 of the Essential Commodities Act for it is not a inflammable article. Hence, the offence under Section 285 of the Indian Penal Code are not attracted. He therefore, submitted that the filing of the FIR is abuse of process of law and the Page 1 of 6 Uploaded by MARY VADAKKAN(HC00204) on Mon Sep 15 2025 Downloaded on : Mon Sep 15 23:11:42 IST 2025 NEUTRAL CITATION R/CR.MA/19135/2021 ORDER DATED: 12/09/2025 undefined petitioner cannot be send to face trial.
2.2 Upon above submissions he submits to allow this petition and to quash the questioned FIR.
3. Per contra learned APP has drawn the attention of this Court to the order dated 17.1.2025 passed by the Coordinate Bench whereby learned advocate Mr. Mahesh Poojara appearing for learned advocate Mr. Ashish Dagli sought time to amend the prayer clause as charge sheet has already filed. Further he would submit that the FSL report obtained during the investigation shows the presence of pretroleum hydrocarbon in the sample drawn from the tanker which prima facie establishes that the material transported and used for sale of purchases was not the parafin but it was biodiesel and he would further submit that since the learned Trial Court has seized with charge sheet papers, this Court may not examine the issue.
3.1 On above submissions he would submit to dismiss the petition.
4. I have learned advocates for both the sides and also perused the documents on record.
5. The case of the petitioner is that they were not dealing with bio diesel but it was normal parafin and it does not fall within the definition of Essential Commodities Act and does not attract the offence under provisions of the Essential Page 2 of 6 Uploaded by MARY VADAKKAN(HC00204) on Mon Sep 15 2025 Downloaded on : Mon Sep 15 23:11:42 IST 2025 NEUTRAL CITATION R/CR.MA/19135/2021 ORDER DATED: 12/09/2025 undefined Commodities Act, neither it is an inflammable article attracting the offence under Section 285 of the IPC. The fallacy of the argument can be seen from the report of the FSL which indicates the sample which was drawn shows the presence of the petroleum hydrocarbon which is normally found in the petroleum products.
6. In the aforesaid circumstances, this Court does not find any substance in the petition. At this juncture I may refer to the gist of the FIR as under :
"12. It is in such a way that accused No.1 stole truck- tanker No.GJOICV-3049 sent 12000 liters of combustible petroleum to the house of accused No.2 for sale. Accused No. 3 and 4 transferred 4500 liters of combustible petroleum from the truck-tanker in the possession of accused No.5 to the house of accused No. 2. Accused No. 3 and 4 transferred 4500 liters of combustible petroleum to their tractor-tanker without their number and filled 7500 liters in the truck -tanker totaling 12000 liters of combustible petroleum worth Rs. 7,80,000/- and truck tanker NO. GJDICV-3049 worth Rs. 10,00,000/- and tractor tanker worth Rs. 5,00,000/- and electric motor worth Rs. 10,000/- and pipe worth Rs. 1000/- and e-way bill worth Rs. 1000/- and e-way bill worth Rs.00/00 and three mobile phones worth Rs. 12000/- totaling Rs. 23,03,000/- were found along with flammable petroleum endangering lives of some people and committing a crime by committing act of negligence by committing a crime."Page 3 of 6 Uploaded by MARY VADAKKAN(HC00204) on Mon Sep 15 2025 Downloaded on : Mon Sep 15 23:11:42 IST 2025
NEUTRAL CITATION R/CR.MA/19135/2021 ORDER DATED: 12/09/2025 undefined
7. The aforesaid gist of the FIR shows that the accused No.1 sent 12000 liter to the accused No.2 and accused No. 3 and 4 have extracted the product commodity from truck tanker owned by accused No.5 and transferred around 4500 liters and the product which was transferred showed the presence of petroleum hydracarbon which is ordinarily found in the petroleum products as per the report of the FSL. A prima facie case is made out against the petitioner.
8. This Court has referred in the judgment in the case of Ajay Malik v. State of Uttarakhand, 2025 SCC OnLine SC 185, in regard to exercising its extraordinary power under Section 482 of the Criminal Procedure Code. The relevant observation of the Apex Court quashing the FIR are as under:-
"8. It is well established that a High Court, in exercising its extraordinary powers under Section 482 of the CrPC, may issue orders to prevent the abuse of court processes or to secure the ends of justice. These inherent powers are neither controlled nor limited by any other statutory provision. However, given the broad and profound nature of this authority, the High Court must exercise it sparingly. The conditions for invoking such powers are embedded within Section 482 of the CrPC itself, allowing the High Court to act only in cases of clear abuse of process or where intervention is essential to uphold the ends of justice.
9. It is in this backdrop that this Court, over the course of several decades, has laid down the principles and guidelines that High Courts must follow before quashing Page 4 of 6 Uploaded by MARY VADAKKAN(HC00204) on Mon Sep 15 2025 Downloaded on : Mon Sep 15 23:11:42 IST 2025 NEUTRAL CITATION R/CR.MA/19135/2021 ORDER DATED: 12/09/2025 undefined criminal proceedings at the threshold, thereby pre- empting the Prosecution from building its case before the Trial Court. The grounds for quashing, inter alia, contemplate the following situations : (i) the criminal complaint has been filed with mala fides; (ii) the FIR represents an abuse of the legal p13 ptrocess; (iii) no prima facie offence is made out; (iv) the dispute is civil in nature; (v.) the complaint contains vague and omnibus allegations; and (vi) the parties are willing to settle and compound the dispute amicably (State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335)."
9. Similar view has been taken by the Hon'ble Apex Court in case of Mahendra K.C. v. State of Karnataka, (2022) 2 SCC 129, wherein it is observed thus:-
"16. ... the test to be applied is whether the allegations in the complaint, as they stand, without adding or detracting from the complaint, prima facie establish the ingredients of the offence alleged. At this stage, the High Court cannot test the veracity of the allegations, nor, for that matter, can it proceed in the manner that a judge conducting a trial would, based on the evidence collected during the course of the trial."
10. It is undisputed in the present case that the charge is already filed before the learned Trial Court and learned Trial Court has seized with the charge sheet papers. In the circumstances the petitioner ought to have approached the learned Trial Court for seeking discharge.
11. It was laid down by the Hon'ble Supreme Court in Iqbal v. State of U.P., (2023) 8 SCC 734: 2023 SCC OnLine SC 949 Page 5 of 6 Uploaded by MARY VADAKKAN(HC00204) on Mon Sep 15 2025 Downloaded on : Mon Sep 15 23:11:42 IST 2025 NEUTRAL CITATION R/CR.MA/19135/2021 ORDER DATED: 12/09/2025 undefined that when the charge sheet has been filed, the learned Trial Court should be left to appreciate the same. It was observed:
"At the same time, we also take notice of the fact that the investigation has been completed and the charge sheet is ready to be filed. Although the allegations levelled in the FIR do not inspire any confidence, particularly in the absence of any specific date, time, etc. of the alleged offences, we are of the view that the appellants should prefer a discharge application before the trial court under Section 227 of the Code of Criminal Procedure (CrPC). We say so because even according to the State, the investigation is over and the charge sheet is ready to be filed before the competent court. In such circumstances, the trial court should be allowed to look into the materials which the investigating officer might have collected forming part of the charge sheet. If any such discharge application is filed, the trial court shall look into the materials and take a call whether any discharge case is made out or not."
12. In view of above, since prima facie case is found against the petitioner, resultantly, present petition fail and stands dismissed. Notice is discharged. Interim relief if any stands vacated.
(J. C. DOSHI,J) MARY VADAKKAN Page 6 of 6 Uploaded by MARY VADAKKAN(HC00204) on Mon Sep 15 2025 Downloaded on : Mon Sep 15 23:11:42 IST 2025