High Court of Gujarat

BHUPATBHAI MAGANBHAI KANSAGARAversusSTATE OF GUJARAT

Disposal: DISPOSED AS INFRUCTUOUS
Bench: VIMAL K VYAS

Holding

The application is dismissed as infructuous because the applicants have been acquitted.

Summary

The applicants, Bhupatbhai Maganbhai Kansagara and others, filed a criminal miscellaneous application seeking quash of FIR/Order No. 14729 of 2025. They argued that they had been acquitted by the Judicial Magistrate, First Class, Jetpur on 2 December 2025 in Criminal Case No. 2378 of 2025, rendering their application moot. The Court examined whether the petition could proceed after the acquittal. Finding that the acquittal removed any necessity for the relief sought, the Court held the application infructuous. Consequently, the application was disposed of and the notice discharged.

Issues considered

Whether a criminal miscellaneous application for quashing an FIR/Order is maintainable after the accused have been acquitted?

Subjects

quash petitionFIRacquittalinfructuouscriminal procedure

Judgment

     R/CR.MA/14729/2025                                                            ORDER DATED: 23/02/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                   FIR/ORDER) NO. 14729 of 2025

==========================================================
                   BHUPATBHAI MAGANBHAI KANSAGARA & ORS.
                                   Versus
                          STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR BHAVIN S RAIYANI(3855) for the Applicant(s) No. 1,2,3
HCLS COMMITTEE(4998) for the Respondent(s) No. 2
LEEN K DAVE(9559) for the Respondent(s) No. 2
MR HARDIK DAVE, LD.PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================

  CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                             Date : 23/02/2026

                                               ORAL ORDER


1.       Learned advocate Mr.Bhavin Raiyani appearing for the
applicants has submitted that the applicants have been
acquitted by the learned Judicial Magistrate, First Class,
Jetpur, vide order dated 02.12.2025 passed in Criminal
Case No.2378 of 2025. The present application has,
therefore, become infructuous.


2.       In view of the above, the present application stands
disposed of as having become infructuous. Notice stands
discharged.


                                                                                       (VIMAL K. VYAS, J)

DIPTI PATEL


 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: DIPTIBEN PIYUSH PATEL(HC00191), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/02/2026 17:47:05




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