Gujarat High Court
Yusuf Faridmiya Ajmerwala & 15 vs State Of Gujarat & on 11 December, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/29936/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 29936 of 2017
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YUSUF FARIDMIYA AJMERWALA & 15....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR.SANAT B PANDYA, ADVOCATE for the Applicant(s) No. 1-16
MR DM DEVNANI, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 11/12/2017
ORAL ORDER
By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused persons seek to invoke the inherent powers of this Court, praying for quashing of the First Information Report being I-CR No.67 of 2017 registered with the Gaekwad Haveli Police Station, Ahmedabad city, for the offences punishable under Sections 323, 392, 395, 397 of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act.
Having heard the learned counsel appearing for the parties and having considered the materials on record, I am of the view that even if the entire case of the prosecution is believed or accepted as true, none of the ingredients to constitute the offence of Sections 392, 395 or 397 are spelt Page 1 of 2 HC-NIC Page 1 of 2 Created On Mon Dec 11 23:55:41 IST 2017 R/CR.MA/29936/2017 ORDER out. By any stretch of imagination, it cannot be said that the common object of the unlawful assembly was to commit dacoity.
In such circumstances, I have no hesitation in quashing the FIR so far as Sections 392, 395 and 397 of the Indian Penal Code is concerned. So far as the other offences are concerned, the investigation shall proceed further in accordance with law.
With the above, this application is disposed of. Direct service is permitted.
(J.B.PARDIWALA, J.) MOIN Page 2 of 2 HC-NIC Page 2 of 2 Created On Mon Dec 11 23:55:41 IST 2017