High Court of Gujarat

NURRUDINALI HASANALI LALANIversusRAHULBHAI ISHAKBHAI SHORA

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: HASMUKH D SUTHAR

Holding

The revision is allowed; the order dismissing the discharge application is quashed and the applicant is discharged of all charges.

Summary

The applicant, an advocate, was charged in a POCSO case with offences including kidnapping, abduction, rape, forgery and other IPC offences, alleged to have facilitated a marriage registration that was later claimed to be forged. He filed an application for discharge under Section 227 CrPC, which the Special Judge dismissed. The applicant then filed a criminal revision under Sections 397 and 401 CrPC, arguing that no prima facie case existed against him and that the dismissal was erroneous. The High Court, relying on recent Supreme Court pronouncements, held that the evidence did not link the applicant to the alleged forgery or other offences and that the discharge application should have been allowed. Consequently, the revision was allowed, the order of the Special Judge was quashed, and the applicant was discharged of all charges.

Issues considered

The adequacy of the evidence to establish a prima facie case against the applicant under the charged offences.
Whether the Special Judge erred in dismissing the applicant's discharge application under Section 227 CrPC.
Whether the revision under Sections 397 and 401 CrPC should be entertained in the absence of the applicant's counsel.

Legislation cited

Code of Criminal Procedure, 1973s. 227, s. 397, s. 401
Indian Penal Code, 1860s. 114, s. 212, s. 363, s. 366, s. 376(2)(N), s. 465
Protection of Children from Sexual Offences Act, 2012s. 12, s. 6, s. 8

Subjects

dischargerevisionPOCSOprima facie caseforgerycriminal procedureadvocate liabilitySection 227 CrPCSection 397 CrPCSection 401 CrPC

Judgment

   R/CR.RA/983/2016                              JUDGMENT DATED: 30/04/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
            SUBORDINATE COURT) NO. 983 of 2016


FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
==========================================================
        Approved for Reporting              Yes       No
                                                       √
==========================================================
                 NURRUDINALI HASANALI LALANI
                               Versus
               RAHULBHAI ISHAKBHAI SHORA & ANR.
==========================================================
Appearance:
MR HARSHIL C DATTANI(6241) for the Applicant(s) No. 1
MR M R SAIYED(3362) for the Respondent(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 2
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                           Date : 30/04/2026
                            JUDGMENT

[1.0] Though learned advocate for the applicant is on leave note, in view
of directions issued by the Hon’ble Supreme Court in the case of Vijay
Kumar & Ors vs. The State of Rajasthan rendered in Special Leave
Petition (Criminal) Diary No. 71965/2025 dated 08.01.2026 as well as in
view of the judgment of the Hon’ble Apex Court in the case of Taj
Mohammad v. State of Uttar Pradesh, decided on 11.08.2023 in
Criminal Appeal No.2421 of 2023, this Court has considered the
averments made in the application as well as the material placed on
record and has proceeded to decide the matter in absence of the
applicant or learned advocate for the applicant based on available
material on record.

[2.0] By way of present revision application under Section 397 read with


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   R/CR.RA/983/2016                               JUDGMENT DATED: 30/04/2026




Section 401 of the Code of Criminal Procedure, 1973 (for short “CrPC”),
the applicant has prayed for quashing and setting aside of the order
dated 27.10.2016 passed below Exh.8 by the learned Special Judge
(POCSO), at Dhoraji in Special Case (POCSO) No.19/2016 and to allow the
application Exh.8 which was filed under Section 227 of the CrPC seeking
discharge.

[3.0] Perusing the record and the memo or revision application, it
appears that the respondent No.1 herein filed an FIR being I-CR
No.5/2016 with Bhayavadar Police Station, Rajkot for the offence
punishable under Sections 363 and 366 of the Indian Penal Code, 1860
(for short “IPC”) against one Rahim @ Raju Juneja pursuant to which
investigating agency conducted the investigation and filed charge-sheet
against total 5 persons including the present applicant, who is arraigned
as accused No.4 for the offence under Sections 363, 366, 376(2)(N), 465,
212 and 114 of the IPC and sections 6, 8 and 12 of the Protection of
Children from Sexual Offences Act. The allegation is that the present
applicant rendered his services as an Advocate and had given an advise to
get register the marriage and at the instance of present applicant,
accused No.5 went to Thodi Gram Panchayat and got registered the
marriage on 24.01.2016 and it is alleged that the said marriage certificate
is forged one.

[4.0] Perusing the allegations levelled against the applicant, prima facie,
it appears that present applicant rendered his professional services and
had given advise to get register the marriage and except this no any role
is attributed to the present applicant qua forging of marriage certificate
and there is not an iota of material or evidence to show the involvement
of the present applicant and therefore, offence under Section 465 of the
IPC is not made out against the present applicant even in aid of sections
8 or 12 of the POCSO Act. Therefore, the learned Special Judge has



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   R/CR.RA/983/2016                                                            JUDGMENT DATED: 30/04/2026




committed an error in dismissing the discharge application Exh.8 of the
present applicant.

[5.0] Further, the concept of discharge in criminal jurisprudence
operates as a constitutional safeguard, ensuring that no individual is
compelled to undergo the burdens of a criminal trial unless the
prosecution first meets the minimal judicially-recognisable threshold of a
prima facie case. Considering the concept of fair trial and safeguard
provided under the Code reveals through investigation papers that no
prima facie offence is made out and once offence is not made out and
charge levelled against the applicant – accused is found groundless, in
that event, it is the duty of the Court to see to it that the applicant is not
put to any harassment and such trial is nothing but sheer wastage of
judicial time and it is unjust to continue the prosecution against such an
accused.


[6.0] In wake of aforesaid conspectus, present revision application is
allowed. Impugned order dated 27.10.2016 passed below Exh.8 by the
learned Special Judge (POCSO), at Dhoraji in Special Case (POCSO)
No.19/2016 and to allow the application Exh.8 is hereby quashed and set
aside qua the present applicant – NURRUDINALI HASANALI LALANI and
application Exh.8 filed by the applicant is hereby allowed and the
applicant herein is discharged from the charges for the offences
punishable under Sections 363, 366, 376(2)(N), 465, 212 and 114 of the
IPC and sections 6, 8 and 12 of the Protection of Children from Sexual
Offences Act. Rule is made absolute to the aforesaid extent. Record &
Proceedings, if any, be returned back to the concerned Court. Direct
service is permitted.

                                                                                                               Sd/-
                                                                    (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 30/04/2026 14:58:13



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