LAWS(GJH)-2023-4-276

MITUL DILIPBHAI PARMAR Vs. STATE OF GUJARAT

Decided On April 03, 2023
Mitul Dilipbhai Parmar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) By way of this petition filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure (for short, "the Cr.P.C ."), the petitioner has prayed to quash and set aside the complaint being FIR No.C-1937 of 2022 registered with Kamrej Police Station, District: Surat for the offences punishable u/s. 65E, 81 and 116(2) of the Gujarat Prohibition Act and all other consequential proceedings.

(3.) Learned advocate Mr.Darshil Kanthariya appearing for the petitioner submitted that the career of the petitioner is at stake. The petitioner is actively involved in 'Yuva Upnishad Foundation' and has been trying to make a move for the better himself and others. He also submitted that the petitioner is an educated person, who is trying to joint the police force to help his elderly parents and provide a better life for them. He also submitted that he has passed several rounds of recruitment in the Gujarat Police Force. He also submitted that the petitioner is quite innocent and he has been falsely implicated in the crime, even the bare reading of the complaint and other facts and circumstances makes it clear that no offence is made out against the present petitioner. Therefore also, this is a fit case where discretion deserves to be exercised in favour of the petitioner.