IMTIHAJ ABDULSATAR MOLAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this Application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicants have prayed for quashing and setting aside F.I.R. bearing C.R. No. I- 56 of 2016 registered with Gotri Police Station, Vadodara for the offences punishable under Ss. 175, 179, 186, 188, 189 and 204 of the Indian Penal Code and to quash all other consequential proceedings arising out of the aforesaid F.I.R. qua the applicants herein.

(2.) Heard Mr. Y.J. Patel, the learned advocate appearing for the applicants and Ms. Maithili Mehta, the learned APP appearing for the respondent - State.

(3.) Mr. Y.J. Patel, the learned advocate appearing for the applicants herein submitted that without going into the merits of the matter, the respondent No.2 could not have lodged the FIR-in-question being C.R. No. I- 56 of 2016 in view of the fact that there is bar putting cognizance of any offence punishable under Ss. 172 to 188 of the Code. Mr. Patel, further submitted that clearly in the facts of the present case, bar of Sec. 195 of the Code of Criminal Procedure came into play. Mr. Patel, the learned advocate has placed reliance on the decision rendered in the case of Govardhankumar Thakoredas Asrani vs. State of Gujarat, 2017 (0) AIJEL-HC 237413 and the decision rendered in the case of Suresh Ramanbhai Patel vs. State of Gujarat, 2021(0) AIJEL-HC 243380 .