Ragjibhai Hemabhai Patel & vs State Of Gujarat & on 18 February, 2014

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Gujarat High Court

Ragjibhai Hemabhai Patel & vs State Of Gujarat & on 18 February, 2014

Bench: Ravi R.Tripathi

       R/CR.MA/2173/2009                                  JUDGMENT




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            CRIMINAL MISC.APPLICATION NO. 2173 of 2009



FOR APPROVAL AND SIGNATURE:



HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
================================================================

1   Whether Reporters of Local Papers may be allowed to see
    the judgment ?

2   To be referred to the Reporter or not ?

3   Whether their Lordships wish to see the fair copy of the
    judgment ?

4   Whether this case involves a substantial question of law as
    to the interpretation of the Constitution of India, 1950 or any
    order made thereunder ?

5   Whether it is to be circulated to the civil judge ?

================================================================
             RAGJIBHAI HEMABHAI PATEL & 1....Applicant(s)
                             Versus
               STATE OF GUJARAT & 1....Respondent(s)
================================================================
Appearance:
MR YM THAKKAR, ADVOCATE for the Applicant(s) No. 1 - 2
MRS REETA CHANDARANA APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
================================================================

        CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI

                           Date : 18/02/2014


                           ORAL JUDGMENT

Page 1 of 3

        R/CR.MA/2173/2009                                            JUDGMENT



1.           The      present          application         is     filed     by    two

persons, (1) Ragjibhai Hemabai Patel and (2) Mukeshbhai Nathabhai Patel. They are named as accused Nos.4 and 5 in FIR No.I-48 of 2009 registered with Godhra Police Station. The offences alleged against all the five accused, who are mentioned in the FIR, are under Sections 286, 304, 337, 328 and 114 of the Indian Penal Code, Sections 5 and 9-(B)(1)(B) of the Explosive Act, 1884 and Sections 131 and 135 of the Bombay Police Act.

2. The incident narrated in the FIR is the explosion which took place in the celebration of 'Vijaya Dashmi' in the ground situated near Lalbaug Bus Stand.

3. Rule was issued on 23.03.2009 and the Court was pleased to grant ad interim relief till further orders.

4. Heard learned Advocate Mr.Y.M.Thakkar for the applicants and learned APP Mrs.Reeta Chandarana for the respondent-State.

5. Learned Advocate for the applicants invited attention of the Court to the entire FIR and submitted that it is stated that accused No.1 has expired in the incident, who was the one who prepared the effigy of 'Ravan' for the celebration of 'Vijaya Dashmi'. Learned Advocate for the applicants submitted that there is no role much less an active role in the incident of accident Page 2 of 3 R/CR.MA/2173/2009 JUDGMENT which took place on the fateful day of 09.10.2008.

6. Taking into consideration the contents of the FIR and the averments pertaining to the present two applicants, the Court is of the opinion that the FIR is required to be quashed and set aside qua the present applicants. The impugned FIR No.I-48 of 2009 registered with Godhra Town Police Station is accordingly quashed and set aside qua the present applicants. Rule is made absolute.

(RAVI R.TRIPATHI, J.) SHITOLE Page 3 of 3

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