High Court of Gujarat

MANOJBHAI NARSHINHBHAI PATELversusSTATE OF GUJARAT

Disposal: 46-ANY OTHER MODE @ FH
Bench: HASMUKH D SUTHAR

Holding

The revision court held that there was no error in the magistrate’s acquittal order and no ground for interference under Section 401(3) CrPC.

Summary

Manojbhai Narshinhbhai Patel filed a criminal revision under Section 401(3) of the CrPC challenging the acquittal order dated 25.01.2012 passed by the 5th Additional Chief Judicial Magistrate, Himatnagar in a case involving offences under Sections 323, 325, 504 and 506(2) of the IPC. The High Court examined whether the magistrate had committed any error of law or fact that would justify interference with the acquittal. After reviewing the record, the Court found no material error in the magistrate's reasoning or application of law. Consequently, the Court held that the revision petition did not disclose any ground for interference under the revisional jurisdiction. The revision application was therefore dismissed, leaving the magistrate’s acquittal intact.

Issues considered

Whether the order of acquittal by the magistrate can be set aside on revision under Section 401(3) of the Criminal Procedure Code

Legislation cited

Code of Criminal Procedure, 1973s. 401(3)
Indian Penal Code, 1860s. 323, s. 325, s. 504, s. 506(2)

Subjects

revisionacquittalCriminal Procedure CodeIndian Penal CodeSection 401 CrPCHigh Court of Gujaratmagistrate's order

Judgment

       R/CR.RA/145/2012                                                         ORDER DATED: 12/03/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL REVISION APPLICATION NO. 145 of 2012
==========================================================
                 MANOJBHAI NARSHINHBHAI PATEL
                              Versus
                     STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR SHRIKAR H BHATT(2573) for the Applicant(s) No. 1
MR MAULIK N SHAH(5280) for the Respondent(s) No. 2
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
                        Date : 12/03/2026
                          ORAL ORDER

         By way of present revision application the original complainant has
assailed the order dated 25.01.2012 passed by the learned 5 th Additional
Chief Judicial Magistrate, Himatnagar in Criminal Case No.4500/2007
whereby the learned Magistrate has been pleased to acquit the accused
person in connection with offence registered for the offences punishable
under Sections 323, 325, 504 and 506(2) of the Indian Penal Code, 1860.

         Having heard the learned APP appearing for the respondent –
State of Gujarat and perusing the record, it appears that the learned
Magistrate has not committed any error in acquitting the accused person
and even otherwise the order of acquittal does not call for any
interference at the hands of this Court in exercise of revisional
jurisdiction, in light of section 401(3) of the CrPC.

         Hence, present criminal revision application stands disposed of.



                                                                         (HASMUKH D. SUTHAR, J.)
Ajay
   Original copy of this order has been signed by the Hon'ble Judge.
   Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/03/2026 17:07:49


                                                    Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "revision"Sign in to search