Gujarat High Court
Giraben Lalitbhai Chhotubhai Rajani vs The State Of Gujarat on 8 February, 2021
Author: B.N. Karia
Bench: B.N. Karia
R/CR.MA/1786/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 1786 of 2021
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GIRABEN LALITBHAI CHHOTUBHAI RAJANI
Versus
THE STATE OF GUJARAT
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Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1
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 : 08/02/2021
ORAL ORDER
By way of present application, the applicant has prayed to quash and set aside the FIR being CR No. 11208035202918 of 2020 registered with Gandhigram Police Station, Rajkot for the offence punishable under Sections 186 of the Indian Penal Code and further prayed to stay the further proceedings thereof till final disposal of this application.
Heard learned advocate for the applicant. It was submitted by learned advocate for the applicant that the FIR filed by the respondent No.2 under Section 186 of IOC is not maintainable in view of the embargo of Section 195 of the Code of Criminal Procedure. That, no FIR can be Page 1 of 2 Downloaded on : Tue Feb 09 00:02:21 IST 2021 R/CR.MA/1786/2021 ORDER registered by the police and only a private complaint would lie before the Court of learned Magistrate, and therefore, the FIR against the applicant is nothing but an abuse of process of law. That the applicant was released on bail. In support of his arguments, learned advocate for the applicant has placed reliance on the judgment passed by this Court in case of Parshottambhai Odhavjibhai Solanki v. State of Gujarat in Criminal Misc. Application No. 31264 of 2016.
Issues requires consideration.
Rule. Learned APP waives service of notice of rule for and on behalf of the respondent No.1-State.
Interim relief as sought for in para 8(B) of this application stands granted till further orders.
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 2 of 2 Downloaded on : Tue Feb 09 00:02:21 IST 2021