Gujarat High Court
Bhupatbhai Sundarbhai Keraliya vs State Of Gujarat & on 17 August, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/12910/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 12910 of 2015
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BHUPATBHAI SUNDARBHAI KERALIYA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1
MRS. HANSA PUNANI, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 17/08/2015
ORAL ORDER
Rule returnable forthwith. Ms. Hansa Punani, the learned AGP waives service of notice of rule for and on behalf of the respondents.
By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused, seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report, being C.R No.II-3049 of 2015, registered with the Rajkot Rural Police Station, for the offence punbishable under Section 186, read with Section 114 of the IPC.
It appears from the materials on record that the respondent No.2 - the original first informant is serving as a Driver with the Gujarat State Road Transport Corporation. He is serving with the Dhrol Depot of the Jamnagar Division. On the date of the incident at about 7.20 in the morning, he left with the bus bearing Page 1 of 3 HC-NIC Page 1 of 3 Created On Tue Aug 18 01:58:52 IST 2015 R/CR.MA/12910/2015 ORDER Registration No. GJ-18Y-8966 from Jodia towards Sarangpur, along with the conductor, namely - Nareshkumar. At about 12'O Clock, the bus reached near the Umiya School situated between Vinchiya and Botad. It is alleged that at that point of time, the applicant herein, who is the Trustee of the Umiya School was present along with the students of the school. He asked the driver i.e. the first informant to stop the bus. It is the case of the first informant that he was not supposed to stop the bus, because there was no official stoppage so far as the place called "Umiya Sankool" is concerned. In such circumstances referred to above, the first informant went to the Police Station and lodged an FIR alleging that the accused herein obstructed him in discharge of his duty, which is an offence punishable under Section 186 of the IPC.
Mr. Dagli, the learned advocate appearing for the petitioner pointed out that in fact, there is an official stoppage at Umiya Sankool, and therefore, even otherwise the first informant was obliged to stop the bus. He has drawn my attention to page 27, which is a communication addressed by the Divisional Controller, S.T Depot, Jamnagar to the Principal of the Umiya Vidya Mandir (Annexure "C" to this petition).
In the overall view of the matter, no case is made out for the Police to investigate the offence. Even otherwise, at the end of the investigation if the charge- sheet is filed, the Court will not be able to take cognizance for the offence under Section 186 of the IPC upon a Police report, because of the bar of Section 195 of the Criminal Procedure Code. It is true that the bar of Section 195 of the Criminal Procedure Code would not apply at the stage of investigation and would not affect the powers of the Police in any manner to investigate the offence. However, keeping in mind the nature of the allegations, I am of the view that none of the ingredients to constitute the offence under Section 186 of the IPC are born out.
For the aforesaid reasons, this application is allowed. The FIR No.II-3049 of 2015 registered before the Vinchiya Police Station, Rajkot is hereby ordered to be quashed. All consequential proceedings pursuant thereto stands terminated. Rule is made absolute. Direct service permitted.
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R/CR.MA/12910/2015 ORDER
(J.B.PARDIWALA, J.)
Mohandas
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