Gujarat High Court
Jaiminkumar Shaileshbhai Patel vs State Of Gujarat on 16 April, 2026
NEUTRAL CITATION
R/CR.RA/354/2015 JUDGMENT DATED: 16/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 354 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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JAIMINKUMAR SHAILESHBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR APURVA DAVE(3777) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/04/2026
JUDGMENT
[1.0] By way of present revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short "CrPC"), the applicant has prayed for quashing and setting aside of the order dated 15.04.2015 passed below Exh.5 by the learned Additional Chief Metropolitan Magistrate Court No.17, Ahmedabad in Criminal Case No.1265/2013 and to drop the proceedings against the present revisionist pending before the learned Additional Chief Metropolitan Magistrate Court No.17, Ahmedabad in view of the complete non- compliance of the mandatory provisions of section 188 of the CrPC.
[2.0] Heard learned advocate Mr. Apurva Dave for the applicant and learned APP for respondent - State of Gujarat.
[3.0] The coordinate Bench on 31.08.2015 passed the following Page 1 of 2 Uploaded by MR. AJAY C MENON(HC00939) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 01:28:52 IST 2026 NEUTRAL CITATION R/CR.RA/354/2015 JUDGMENT DATED: 16/04/2026 undefined order:
"RULE.
Considering the fact that alleged offence of using UK Resident Permit No.UK2856231 affixed at page No.12 in the passport of the petitioner, which was not genuine in United Kingdom, was allegedly committed, which has been made the basis of the charge-sheet against the petitioner and considering the fact that as per opinion of Immigration Liaison Manager stating that the subsequently obtained document being VISA 005537611 endorsed at page No.25 of the passport was genuine, and that is the document used in India and not the forged document, prima facie the finding of the lower Court that offence was committed in India, requires close scrutiny.
In view of proviso to Section 188 of the Code of Criminal Procedure, an inquiry or trial of an offence committed outside India, in India, is barred except, with the previous sanction of the Central Government and such sanction having not been obtained by the Investigating Agency, the proceedings in the lower Court are required to be stayed; accordingly, ordered. However, with a clarification that, if so advised, the necessary sanction under Section 188 of the Code, may be obtained by the State in the meanwhile, and in the event of such sanction, the proceedings in the lower Court may proceed."
[3.1] Pursuant to the said order, concerned Investigating Officer moved the Central Government for getting sanction pursuant to which the Ministry of Home Affairs, Government of India vide communication dated 10.11.2025 has been pleased to accord sanction to prosecute the applicant under Section 188 of the CrPC / section 208 of the BNSS.
[4.0] In view of above, nothing further is required to be decided in the present matter and hence, present criminal revision application is disposed of. It is made clear that this Court has not gone into merits of the case. Rule is hereby discharged. Interim relief stands vacated forthwith.
Sd/-
(HASMUKH D. SUTHAR, J.) Ajay Page 2 of 2 Uploaded by MR. AJAY C MENON(HC00939) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 01:28:52 IST 2026