Gujarat High Court
Ashitbhai Rohitbhai Shah vs State Of Gujarat on 10 March, 2025
NEUTRAL CITATION
R/CR.MA/5519/2018 ORDER DATED: 10/03/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5519 of 2018
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ASHITBHAI ROHITBHAI SHAH & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
NIYANT R BHIMANI(8000) for the Applicant(s) No. 1,2,3
NOTICE SERVED for the Respondent(s) No. 2
MR MANAN MAHETA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 10/03/2025
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent-State.
2. This application has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the First Information Report bearing C.R. No.II-05 of 2018 registered with Gotri Police Station, Vadodara City for the offences punishable under Sections 294(b), 506 and 114 of the Indian Penal Code and the proceedings initiated in pursuant thereto.
3. It appears that there was a traffic jam near ABS Tower, Vadodara and a white Maruti Swift car bearing Registration No.GJ-06-KP-0943 overtook the complainant from the right.
Page 1 of 7 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Mon Mar 17 2025 Downloaded on : Mon Mar 17 21:19:37 IST 2025NEUTRAL CITATION R/CR.MA/5519/2018 ORDER DATED: 10/03/2025 undefined It is alleged that there was stationary tempo four wheeler on the other side and seeing space for a two wheeler to go through, the complainant herein attempted to go by. It is further alleged that the driver of the white swift car tried to rush towards the complainant and attempted to collide, the wife of the complainant got intimidated and started screaming, and hence, the complainant stopped his two wheeler-Activa. It is alleged that the driver of the car who is the applicant No.1 started abusing the complainant and his wife and threatened them also. Thereafter, it is alleged that the applicants herein got down from the car and started fighting with the complainant and abused him and also snatched the key.
4. Learned advocate for the applicants Mr. Niyant R. Bhimani, submitted that the alleged incident took place on 22.11.2017, the complaint of which is being registered on 10.01.2018. Further, looking to the allegations levelled in the FIR, the delay has not been explained by the complainant. It is also submitted that the non-explanation of the delay in filing the FIR assumes significance because the first informant is a practicing Advocate and he has the knowledge that the alleged incident is to be reported to the police as early as possible. He has further submitted that a written complaint was lodged by the first informant before the police and on such a written statement, he has stated that a different version of the incident while in the FIR, a different version of Page 2 of 7 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Mon Mar 17 2025 Downloaded on : Mon Mar 17 21:19:37 IST 2025 NEUTRAL CITATION R/CR.MA/5519/2018 ORDER DATED: 10/03/2025 undefined the incident has been narrated. Learned advocate for the applicants further submitted that if the FIR is taken as it is, the same does not attract the offences under Section 294(b) or 506 of the IPC and therefore, it is submitted the impugned complaint may be quashed and set aside.
5. Learned Additional Public Prosecutor submitted that the applicants were not named in the FIR and their names are revealed during the course of investigation. It is further submitted that the investigation has not been carried further and no other materials are shown to substantiate the allegations made in the FIR, and hence, this Court may not entertain the application and dismiss the same.
6. The respondent No.2 has been served but has chosen not to remain present.
7. This Court has heard the learned advocates appearing for the respective parties and has perused the material on record. At the outset, it is necessary to refer to Sections 294(b) and 506 of the IPC, which reads as under :-
"294. Obscene acts and songs. - Whoever, to the annoyance of others,
(b) sings, recites or utters any obscene song, ballad or words, in or near any public space shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
506. Punishment for criminal intimidation - Whoever commits the offence of criminal intimidation shall be Page 3 of 7 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Mon Mar 17 2025 Downloaded on : Mon Mar 17 21:19:37 IST 2025 NEUTRAL CITATION R/CR.MA/5519/2018 ORDER DATED: 10/03/2025 undefined punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc."
8. At this stage, it is relevant to refer to the FIR. Relevant translated version of the FIR reads as under :-
"On 22.11.2017, I and my wife Shilpaben were on our Activa No.GJ- 6-FH-6667 and were going for a wedding reception and when we were passing through Juna Padra Road and towards Chakli Circular, Diwalipura, there was a traffic jam near Kathiawadi Hotel, Opposite ABS Tower. The driver of a white Maruti Swift Car with Vehicle No.GJ-06-KP-0943 took a turn on the right side by cutting the divider. At that time, the four wheel tempo was in front of me and standing on the opposite side, so there was enough space between that tempo and the car for a two wheeler to pass. So when I took my Activa from there, the driver of this car came behind me at full speed and tried to hit me. My wife got scared and started screaming. The four wheeler driver started abusing me and my wife from his moving car so I asked him as to why he was abusing me, to which the driver replied 'you come forward, I will show you who I am' and then the car driver stood in front of the ABS Tower. The car driver and two other men got down and started arguing with me and abusing me and my wife. After that the car driver took away the keys of my car. At that time, I did not give a complaint as I was going to a wedding and I gave in writing in the night and today I have come to the police station to complain.
Therefore, the driver of the above four wheeler vehicle No.GJ-06-KP- 0943 white colour Maruti Swift and another two individuals on 22.11.2017 at 19.15 hours at ABS Tower on the road for the issue of allowing a vehicle to pass have hurled abuses at me and my wife and have threatened us with the words 'you do not know me' and I therefore, give a complaint against them to be investigated as per the standard."
9. The Court has noticed from the averments made in the FIR that the essential ingredients of 294(b) and 506(2) of the IPC Page 4 of 7 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Mon Mar 17 2025 Downloaded on : Mon Mar 17 21:19:37 IST 2025 NEUTRAL CITATION R/CR.MA/5519/2018 ORDER DATED: 10/03/2025 undefined are not reflected. There are no obscene acts or words alleged and there is no aspect of criminal intimidation. The aspect of causing alarm to the first informant is also not stated in the FIR. In addition, the FIR is filed belatedly and there is no explanation for the same. The complainant is a practicing Advocate and hence, it is expected from him that he would have the knowledge to approach the police immediately about the alleged incident and hence, continuation of the FIR under these circumstances, would be an abuse of the process of law.
10. In the case of State of Haryana V. Bhajan Lal and others, AIR 1992 SC 604, the Apex Court formulated as many as seven categories of cases, wherein the extraordinary power under Section 482 could be exercised by the High Court to prevent abuse of process of the court. It was clarified that it was not possible to lay down precise and inflexible guidelines or any rigid formula or to give an exhaustive list of circumstances in which such power could be exercised. In this case, the Apex Court made the following observations :-
"8.1. In the exercise of the extra-ordinary power under Article 226 or the inherent powers under Section 482 of the Code of Criminal Procedure, the following categories of cases are given 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 guide in myriad kinds of cases wherein such power should be exercised :-
(a) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in Page 5 of 7 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Mon Mar 17 2025 Downloaded on : Mon Mar 17 21:19:37 IST 2025 NEUTRAL CITATION R/CR.MA/5519/2018 ORDER DATED: 10/03/2025 undefined their entirety do not prima facie constitute any offence or make out a case against the accused;
(b) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. 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;
(c) 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;
(d) 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;
(e) 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;
(f) 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;
(g) 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."
11. In view of the above, as well as considering the principles enunciated by the Apex Court in State of Haryana V. Bhajan Lal (supra), there exists no scope for any further Page 6 of 7 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Mon Mar 17 2025 Downloaded on : Mon Mar 17 21:19:37 IST 2025 NEUTRAL CITATION R/CR.MA/5519/2018 ORDER DATED: 10/03/2025 undefined proceeding in the matter. The continuance of proceedings would lead to wastage of precious judicial time as there would remain no possibility of any conviction in the case. Hence, the Court is of the opinion that this is a fit case where the inherent powers of the Court under section 482 of the Cr.P.C. could be exercised for securing the ends of justice.
12. In the result, the application is allowed. The impugned First Information Report bearing C.R. No.II-05 of 2018 registered with Gotri Police Station, Vadodara City and the proceedings initiated in pursuance thereof qua the applicants are quashed and set aside. Rule is made absolute. Direct Service is permitted.
Sd/-
(J. C. DOSHI, J) CAROLINE Page 7 of 7 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Mon Mar 17 2025 Downloaded on : Mon Mar 17 21:19:37 IST 2025