Gujarat High Court
Ishaq Ahmed Hussain Shikari vs State Of Gujarat on 24 March, 2026
NEUTRAL CITATION
R/CR.MA/14160/2020 JUDGMENT DATED: 24/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 14160 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
NO
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ISHAQ AHMED HUSSAIN SHIKARI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MS VRUNDA SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
RULE SERVED THRU CONCERNED POLICE STATION for the
Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 24/03/2026
JUDGMENT
1 The endorsement on the cause list indicates that Rule has been duly served, however, none appears on behalf of respondent No. 2.
2 The present application has been preferred seeking quashment of the FIR being No.11207076200514 of 2020 dated 11.09.2020 registered with Vejalpur Police Station, District Panchmahals for the offences Page 1 of 9 Uploaded by M.M.MIRZA(HC01407) on Wed Mar 25 2026 Downloaded on : Thu Mar 26 00:48:36 IST 2026 NEUTRAL CITATION R/CR.MA/14160/2020 JUDGMENT DATED: 24/03/2026 undefined punishable under Sections 354D and 504 of the Indian Penal Code, wherein the alleged period of occurrence is from 01.07.2018 to 01.01.2020. As per the allegations made in the FIR, the complainant and the present applicant have been serving as teachers at Royal Primary School since the year 2011. It is alleged that for a period of approximately one and a half years, the applicant used to follow the complainant when she went to the washroom along with a co-employee, namely Kalmitaben, and had also sent inappropriate messages to her. It is further alleged that on 01.01.2020 at about 11:30 a.m., when the complainant reached the school, the applicant was shouting in the classroom, stating that the teachers conducting classes for Standards 1 to 5 were not performing their duties properly. Upon the complainant reporting the said conduct to the Principal, a meeting was convened in the presence of other co-employees, wherein the applicant allegedly used abusive language and attempted to assault the complainant. On the basis of the aforesaid allegations, the impugned FIR came to be lodged after a delay of approximately nine months, which is the subject matter of challenge in the present application before this Court.
3 Heard learned advocate Mr.Ashish Dagli for the applicant, learned APP Ms. Vrunda Shah for the Page 2 of 9 Uploaded by M.M.MIRZA(HC01407) on Wed Mar 25 2026 Downloaded on : Thu Mar 26 00:48:36 IST 2026 NEUTRAL CITATION R/CR.MA/14160/2020 JUDGMENT DATED: 24/03/2026 undefined respondent-State and though respondent No. 2 was served she did not appear either in person or through an advocate.
4 Learned advocate Mr. Dagli submits that, as per the impugned FIR, the date of occurrence is stated to be 01.01.2020. On the very same day, the complainant had submitted an application before Vejalpur Police Station, however, in the said application, no allegations whatsoever were made with regard to any offence under Section 354 of the Indian Penal Code. It is further submitted that the said application was subsequently withdrawn by the complainant on the ground that the dispute would be amicably resolved with the intervention of village elders. It is submitted by the learned advocate Mr. Dagli that thereafter, the impugned FIR came to be lodged after a delay of approximately nine months, without any plausible explanation. Learned advocate Mr. Dagli has further submitted that the applicant had raised his voice against certain teachers who were allegedly not performing their duties properly. It is contended that the applicant belongs to a minority community and, on account thereof, the Principal as well as his colleagues attempted to have him transferred to another place.
4.1 It is further submitted by the learned advocate Page 3 of 9 Uploaded by M.M.MIRZA(HC01407) on Wed Mar 25 2026 Downloaded on : Thu Mar 26 00:48:36 IST 2026 NEUTRAL CITATION R/CR.MA/14160/2020 JUDGMENT DATED: 24/03/2026 undefined Mr. Dagli that on 25.01.2019, when the applicant reported for duty, he was not permitted to resume his duties and was allegedly assaulted by certain teachers in connivance with villagers, and that he was ultimately rescued with the intervention of the police. It is also submitted that several representations were made by villagers opposing the transfer of the applicant and certifying his performance, which was also reported in local newspapers. It is contended that, as the efforts of the Principal and other teachers to secure the transfer of the applicant failed, the impugned FIR came to be lodged after a considerable delay of nine months. It is further submitted by the learned advocate Mr. Dagli that the applicant, being a teacher, was taken to the police station in the presence of students, thereby causing serious prejudice to his reputation. In the aforesaid circumstances, it is submitted by the learned advocate Mr. Dagli that the impugned FIR has been lodged with an oblique motive to malign the reputation of the present applicant, and therefore, continuation of the criminal proceedings would amount to an abuse of the process of law.
5 Per contra, learned APP Ms. Shah has submitted that not only the complainant, but another lady, namely Kalmitaben, is also a victim who supports the Page 4 of 9 Uploaded by M.M.MIRZA(HC01407) on Wed Mar 25 2026 Downloaded on : Thu Mar 26 00:48:36 IST 2026 NEUTRAL CITATION R/CR.MA/14160/2020 JUDGMENT DATED: 24/03/2026 undefined allegations with respect to the offence under Section 354D of the Indian Penal Code. It is further submitted by the learned APP Ms. Shah that the investigation is still in progress and, therefore, any interference at this stage would be premature and would amount to stalling the due process of law. In the aforesaid background, it is prayed that this Court may not exercise its inherent powers under Section 482 of the Code of Criminal Procedure and that the present application be dismissed.
6 Considering the submissions advanced by the learned advocates for the respective parties, as well as the material placed on record by the Investigating Officer, it emerges that the FIR in question, pertaining to the alleged incident dated 01.01.2020, came to be lodged on 11.09.2020, i.e., after a delay of more than nine months. The only explanation offered in the FIR is that, on the very date of the alleged incident, an application was submitted before Vejalpur Police Station. However, upon perusal of the said application dated 01.01.2020, it transpires that there is no reference whatsoever to the allegations constituting an offence under Section 354D of the Indian Penal Code. On the contrary, the contents of the said application indicate that there was merely a heated altercation between the complainant and the Page 5 of 9 Uploaded by M.M.MIRZA(HC01407) on Wed Mar 25 2026 Downloaded on : Thu Mar 26 00:48:36 IST 2026 NEUTRAL CITATION R/CR.MA/14160/2020 JUDGMENT DATED: 24/03/2026 undefined applicant during a meeting, and that the complainant subsequently withdrew the application stating that the dispute would be resolved through the intervention of village elders. It further emerges from the record that, on 24.01.2020, the applicant was transferred to Taluka Ghoghamba, which transfer was strongly opposed by villagers through representations, and the same was also reported in local newspapers. It is submitted that the applicant is presently serving at Ghoghamba.
6.1 In view of the overall allegations made in the impugned FIR, coupled with the unexplained delay of nine months in lodging the same, and particularly in light of the fact that the initial application dated 01.01.2020 does not contain any allegation under Section 354D of the Indian Penal Code, this Court is of the prima facie opinion that the impugned FIR appears to be an afterthought and a concocted version, seemingly with a view to ensure that the applicant does not continue in the same school. Moreover, the version of the complainant, as set out in the FIR, does not find support from her earlier statement dated 01.01.2020. In such circumstances, the impugned FIR deserves to be interfered with in exercise of the inherent powers of this Court.
Page 6 of 9 Uploaded by M.M.MIRZA(HC01407) on Wed Mar 25 2026 Downloaded on : Thu Mar 26 00:48:36 IST 2026NEUTRAL CITATION R/CR.MA/14160/2020 JUDGMENT DATED: 24/03/2026 undefined 7 At this stage, this Court has referred to the decision of the Apex Court in State of Haryana v. Bhajan Lal, reported in 1992 Supp (1) SCC 335, wherein the Apex Court has laid down the guidelines governing the exercise of inherent powers under Section 482 of the Code of Criminal Procedure which are reproduced hereinbelow:
"102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we have given the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.
(i) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(ii) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.Page 7 of 9 Uploaded by M.M.MIRZA(HC01407) on Wed Mar 25 2026 Downloaded on : Thu Mar 26 00:48:36 IST 2026
NEUTRAL CITATION R/CR.MA/14160/2020 JUDGMENT DATED: 24/03/2026 undefined
(iii) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
(iv) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
(v) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(vi) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
(vii) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."
7.1 This case falls under the criteria (i) and (v) from the case of Bhajan Lal (supra), therefore the application deserves to be allowed.
Page 8 of 9 Uploaded by M.M.MIRZA(HC01407) on Wed Mar 25 2026 Downloaded on : Thu Mar 26 00:48:36 IST 2026NEUTRAL CITATION R/CR.MA/14160/2020 JUDGMENT DATED: 24/03/2026 undefined 8 Resultantly, the present application succeeds and is accordingly allowed. The FIR being No.11207076200514 of 2020 dated 11.09.2020 registered with Vejalpur Police Station, District Panchmahals as well as all consequential proceedings arising therefrom, are hereby quashed and set aside. Rule is made absolute accordingly.
(M. K. THAKKER,J) M.M.MIRZA Page 9 of 9 Uploaded by M.M.MIRZA(HC01407) on Wed Mar 25 2026 Downloaded on : Thu Mar 26 00:48:36 IST 2026