High Court of Gujarat

CHANDRESHBHAI MOTIBHAI MAKWANA(DISMISSED)versusSTATE OF GUJARAT

Disposal: DISPOSED AS INFRUCTUOUS
Bench: P M RAVAL

Holding

The petition is infructuous and must be disposed because the petitioners have been acquitted.

Summary

The petitioners filed a criminal miscellaneous application seeking to quash FIR/Order No.14668 of 2022. The Additional Public Prosecutor produced a photocopy of the judgment dated 05‑03‑2026 in Criminal Case No.96001/2022, wherein the same petitioners were acquitted. The Court observed that the acquittal rendered the present petition moot. Accordingly, the Court held that the petition had become infructuous. The petition was therefore disposed without any further order.

Issues considered

Whether a petition for quashing an FIR remains maintainable after the accused have been acquitted in a related criminal trial
Whether the court should dismiss the petition as infructuous

Subjects

criminal procedurequash petitioninfructuousacquittalFIRHigh Court

Judgment

            R/CR.MA/14668/2022                                                                      ORDER DATED: 21/07/2026




                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                           FIR/ORDER) NO. 14668 of 2022

     ==========================================================
                CHANDRESHBHAI MOTIBHAI MAKWANA(DISMISSED) & ORS.
                                    Versus
                           STATE OF GUJARAT & ANR.
     ==========================================================
     Appearance:
     MR AB VYAS(985) for the Applicant(s) No. 2,3,4,5,6
     MR VISHAL N SOLANKI(11628) for the Applicant(s) No. 2,3,4,5,6
     MS HARSHIKA R KHATRI(12548) for the Applicant(s) No. 2,3,4,5,6
     PETITION/APPEAL WITHDRAWN/DISMISSED for the Applicant(s) No. 1
     ROHAN SHAH APP for the Respondent(s) No. 1
     RULE SERVED BY DS for the Respondent(s) No. 2
     ==========================================================

        CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                                         Date : 21/07/2026

                                                            ORAL ORDER


     1.          Learned Additional Public Prosecutor would hand over the
     photocopy of the judgment and order dated 05.03.2026 in
     Criminal Case No. 96001/2022 passed by the 5th Additional Chief
     Judicial            Magistrate                 (Ahmedabad                      City),          whereby,                 present
     petitioners came to be acquitted.


     2.          In view of the same, the captioned petition stands disposed
     of as having become infructuous.

                                                                                                              (P. M. RAVAL, J)
     MAHENDRA M PUROHIT


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 21/07/2026
16:36:08




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