Gujarat High Court
Patel Pradipbhai Bhikhabhai vs State Of Gujarat & on 26 February, 2015
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/7809/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 7809 of 2014
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PATEL PRADIPBHAI BHIKHABHAI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR KAMLESH S KOTAI, ADVOCATE for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 26/02/2015
ORAL ORDER
1.0 By way of present application under Section 482 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside the FIR being C.R. No. I 91 of 2014 registered with Mehsana Taluka Police Station, District: Mehsana for the offence punishable under Sections 279, 337 of the Indian Penal Code and Sections 177 and 184 of the Motor Vehicle Act since he has been arraigned as an accused on the basis of some information given by himself to the concerned Police Station about the incident occurred in which he himself sustained injuries.
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R/CR.MA/7809/2014 ORDER 2.0 Mr. Kamlesh Kotai, learned advocate appearing for the applicant
would submit that if FIR itself is perused, the information was supplied by the applicant to the concerned Police Station since he has sustained injury pursuant to accident in which he has lost control over his vehicle pursuant to which his vehicle dashed with a tree and he sustained injuries. He would submit that except the applicant himself, no other vehicle is involved in the accident or no other person is injured in the incident. Therefore, authority has wrongly filed the FIR against himself and therefore, the impugned FIR may be quashed and set aside. 2.0 Mr. Dabhi, learned advocate appearing for the respondent State could not resist the present application.
3.0 I have gone through the FIR itself which is filed by the present applicant in which he has been arraigned subsequently as an accused in the said offence. The applicant himself has sustained some injuries and no other person is injured in the accident. It is unfortunate that police has involved offences as stated herein above which are in my opinion called for interference.
4.0 Considering the overall facts and circumstances of the case, I am of the opinion that the application requires consideration and the same is allowed accordingly. The FIR being C.R. No. I 91 of 2014 registered with Mehsana Taluka Police Station, District: Mehsana for Page 2 of 3 R/CR.MA/7809/2014 ORDER the offence punishable under Sections 279, 337 of the Indian Penal Code and Sections 177 and 184 of the Motor Vehicle Act and all consequential proceedings arising therefrom are hereby quashed and set aside qua the applicant. Rule is made absolute. Direct service is permitted.
(A.J.DESAI, J.) niru* Page 3 of 3