IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: Vadodara

SPECIAL CRIMINAL APPLICATION NO. OF 2024

IN THE MATTER OF:

 UNDER ARTICLE 226

OF
THE CONSTITUTION OF
INDIA
AND
 AN APPLICATION
UNDER SECTION 482
OF THE CODE OF
CRIMINAL PROCEDURE,
1973;
AND
 IN CONNECTION WITH
CR NO:-
11196009200667 of
2020 REGISTERED
WITH JAWAHARNAGAR
POLICE STATION,
DISTRICT VADODARA,
DATED:- 07.10.2024

1. Jitendra Bijaram Pawar

Age: 46 yrs., Male,
Occ: Business
Resi.at: Satyam Tenament,
Krodiya Road,Bajwa
District: Vadodara
…Petitioners

Versus

1. State of Gujarat
To be served through the
Ld.Public Prosecutor, Gujarat
High Court Sola-Ahmedabad.

2. Pragneshbhai Bhupendrabhai Vakhariya

Age: 44 Years (Male), Occu:Doctor,
R/o: A-404 Shikhar 2 Gorwa,
Behind ITI, District:Vadodara
…Respondent
 TO,
THE HON’BLE THE CHIEF JUSTICE
AND HIS COMPANION JUSTICES OF
THE HIGH COURT OF GUJARAT, AT
SOLA-AHMEDABAD.

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED:

MOST RESPECTFULLY SHEWETH THAT :

1. The present petitioner begs to approach this Honorable Court

under Article 226 of the Constitution of India and under section

482 of the Code of Criminal Procedure 1973; for quashing and

seting aside the FIR being Crime Register No: 11196009200667 of

2020 registered with Jawaharnagar police Station, District,

Vadodara for the offences punishable under section 441, 504, 114

and 447 IPC and under Sec. 1A(a)(i), 1A(a)(ii), and 1A(a)(iii) of

the Epidemic Diseases (Amendment) Act, 2020 Dt: 07.10.2020

Here to mark and annex the copy of the FIR being C R No:

11196009200667 of 2020 registered with Jawaharnagar Police

Station, District, Vadodara Dt 07.10.2020 As ANNEXURE A

2. THE BRIEF FACT OF THE COMPLAINAT OF THE

COMPLAINANT IS NARRATED AS UNDER

It is alleged in the FIR are that on 03.10.2020 first informant was

at outstation and one Doctor Mr. Dharmendra Wada was stationed

at the hospital premises, during early afternoon the first informant

received a call from one of his staff person alleging that one

Jitendra Pawar Accused No. 1, Ex- Sarpanch Vijay Chawada and

other two persons allegedly came into hospital saying that they

came for an audit, it is further alleged that the present applicants

 threatened hospital staff, and used abusive words. It is further

alleged that the present applicants entered women’s covid ward

and took photos and videos of the indoor patients and disturbed

the patients. On the strength of the aforementioned facts the

impugned FIR/Complaint came to be registered against the present

applicants.

3. It is submitted that, being seriously aggrieved and dissatisfied by

the impugned FIR registered by the complainant being

11196009200667 of 2020 registered at Jawaharnagar Police

Station, District Vadodara on 07.10.2020 the petitioner above

named most humbly and respectfully beg to prefer the present

petition invoking inherent jurisdiction u/s 482 of Cr.P.C. for

quashing and setting aside impugned FIR and consequent

proceedings thereto, on the following amongst other grounds;

: G R O U N D S :

a) That, the allegation made in the FIR is not true and accepted

by the petitioner;

b) That, the implications made on the present petitioners is not

true, and the same is False;

c) That, looking into the allegations made by the complainant, at

any point of the line in the FIR the complainant had made out

any role or attributed any role to the present applicant;

therefore, the present FIR need to be quash and set aside in

the interest of justice.

d) That, a section addition report qua the present applicants came

to be filed on 28.10.2020. Here to mark and annexed the copy

of the section addition report Dt. 28.10.2020. as

ANNEXURE-B
e) That the investigation came to be concluded and the charge-

sheet came to be duly filed on 20.11.2020. Here to mark and

annexed the copy of charge-sheet Dt. 20.11.2020. as

ANNEXURE-C

f) That, it is pertinent with the bare perusal of charge sheet that

no specific role has been attributed to the present applicants,

even the allegations made in the entire complaint against all

petitioners are general in nature in such circumstances of the

case the present impugned FIR is required to be quashed and

set aside in the interest of Justice.

g) That the petitioner is innocent and he has not committed any

crime as alleged. It is pertinent to note that the offence took

place on 03.10.2020 for which impugned FIR came to be

registered on 7.10.2020 that is after delay of four days.

h)It is pertinent to note that Section 3 of the Epidemic Act

provides “Any person disobeying any regulation or order made

under this Act shall be deemed to have committed an offence

punishable under section 188 of the Indian Penal Code (45 of

1860).”

i. Further Under Section 195 (1)(a) of the CrPC, the court

can take cognizance of the offence punishable under

Section 172 to 188 of the IPC if there is an existing

written complaint of the public servant concerned

or his superior.

ii. While in the present case no such written complaint has

been filed by the concerned public servant,

iii. Further the complaint has been filed by the first

informant who was not even present at the time of

incident. That fact is admitted by first informant in the

FIR itself.
i) The Epidemic act provides that the trial shall be concluded

within one year which is extendable by six months. While the

present case has not come to any conclusion till the present

date.

j) That the present applicants are being unnecessarily harassed

and the sheer abuse of the process of law is being carried out,

and therefore, the present FIR need to be quash and set aside

in the interest of Justice.

k) No evidence has been collected with regard to the allegations

made in the FIR which would disclose commission of any

offence and make out a case against the accused persons.

l) The FIR is manifestly attended with mala fide intention for

wreaking vengeance on the accused and with a view to spite

them due to private and personal grudge.

m) That the Present petitioner days before the incident

complained that the staff of first informant are not wearing

masks and roaming around on the common road shared by the

society in which present petitioner and original accused no. 3

live in the times covid pandemic, Further he complained about

the parked vehicle of the patients and ambulance which blocks

the road entirely.

n) That when the present petitioner went to complain about the

same in person to the first informant at the place of offence i.e

the hospital, this impugned FIR came to be registered against

the present petitioner and other accused persons who are

resident of the society which shares common and only road of

entry and exit.

o) That even otherwise the complaint is erroneous and requires to

be quashed and set aside

p) That the facts of this case squarely fall under the law laid down by

the Hon’ble Supreme Court in the case of Bhajan Lal. That it is

pertinent to note that the Hon’bleApex court in the case of

Bhajan Lal, has laid down clear cut guidelines for the High Courts

to follow while considering quashing petitions. The guidelines laid

down by the Supreme Court are as follows:

i. where the allegations made in the First Information Report or

the complaint, even if they are taken at their face value and

accepted in their entirety do not prima facie constitute any

offence or make out a case against the accused;

ii. where the allegations in the First Information Report and

other materials, if any, accompanying the F.I.R. do not

disclose a cognizable offence, justifying an investigation by

police officers under Section 156(1) of the Code except

under an order of a Magistrate within the purview of Section

155(2) of the Code;

iii. where the uncontroverted allegations made in the FIR or

complaint and the evidence collected in support of the same

do not disclose the commission of any offence and make out

a case against the accused;

iv. where the allegations in the FIR do not constitute a

cognizable offence but constitute only a non-cognizable

offence, no investigation is permitted by a police officer

without an order of a Magistrate as contemplated under

Section 155(2) of the Code;

v. where the allegations made in the FIR or complaint are so

absurd and inherently improbable on the basis of which no

prudent person can ever reach a just conclusion that there is

sufficient ground for proceeding against the accused;

 vi. where there is an express legal bar engrafted in any of the

provisions of the Code or the concerned Act (under which a

criminal proceeding is instituted) to the institution and

continuance of the proceedings and/or where there is a

specific provision in the Code or the concerned Act, providing

efficacious redress for the grievance of the aggrieved party;

vii. Where a criminal proceeding is manifestly attended with

mala fide and/or where the proceeding is maliciously

instituted with an ulterior motive for wreaking vengeance on

the accused and with a view to spite him due to private and

personal grudge.

m. The petitioners further submits that if such complainant is allowed

to proceed against the petitioners it would be sheer abuse of the

process of the court and therefore to meet the end of justice the

said FIR needs to be quashed and set aside.

4. The petitioner does not have any other alternative efficacious remedy

than to approach this Honorable court under section 482 of the Code

of Criminal Procedure, 1972.

5. The facts and circumstances of the case, in extensor, unmistakably

and conclusively, led to the conclusion, beyond the province of doubt,

that the petitioners herein has got an extraordinary sound prima facie

case and balance of convenience also leans heavily in the favor of the

petitioners and no party will suffer loss of any nature and therefore, it

would be in the interest of Justice to grant relief of the nature prayed

by the petitioners.

6. The petitioner craves leave of this Honorable court to add, amend,

modify, delete and/ or rescind any of the foregoing paragraphs as and

when necessary.

7. The petitioner therefore pray that your lordships may be pleased to:
A. Admit this Petition;

B. That Your Lordships be pleased to quash the FIR being

11196009200667 of 2020 and by the way of interim/ad interim

relief stay any subsequent proceedings thereto in connection

with the offence registered with Jawaharnagar Police Station,

vide FIR no. 11196009200667 of 2020 for the offences

punishable under Sec. 441, 504, 114 and 447 IPC and under

Sec. 1A(a)(i), 1A(a)(ii), and 1A(a)(iii) of the Epidemic

Diseases (Amendment) Act, 2020, In the interest of Justice.

C. Grant any other and further relief/s as may deem fit in the

interest of Justice.

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE PETITIONER AS

IN DUTY BOUND SHALL EVER PRAY.

PLACE:AHMEDABAD ….…….............................
Date: /10/2024 A.M. BARIA
Advocate for the petitioner
 Affidavit of the petitioner

I, Jitendra Bijaram Pawar, aged 46 yrs., Male, residing at

address mentioned in the title of the petition, do hereby solemnly
affirm and state on oath as under;

I have been read over and explained in Gujarati the contents

of the petition memo; I understood the narration of the facts and
grounds stated herein above, I further state that what is stated in
Para 1 is the introduction as to the subject matter of the present
application. Para 2 is narration of facts. Para 3 is the grounds upon
which the present application is preferred. Para 4 to 6 are formal
paragraphs which are required in accordance with law. Para 7 is the
prayer clause.

I have supplied the documents/ annexures to the advocate to

produce before the court.

Solemnly affirmed on this day of March, 2024 at

Ahmedabad.
_________________
DEPONENT

Read and explained by me

And identified by me

Advocate
 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DISTRICT : VADODARA

SPECIAL CRIMINAL APPLICATION NO. OF 2024

1. JITENDRA BIJARAM PAWAR …Petitioners

Versus
1. STATE OF GUJARAT AND ANR …Respondents
INDEX
SR. PARTICULARS ANNX. DATE. PAGE
NO
1. Synopsis

2. Memo of Petition

3. A copy of the FIR A 07.10.2020

being C R No:
11196009200667 of
2020 registered with
Jawaharnagar Police
Station, District,
Vadodara Dt
07.10.2020
4. A copy of the section B 28.10.2020
addition report Dt.
28.10.2020
5. A copy of charge-sheet C 20.11.2020
Dt 20.11.2020.
 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DISTRICT : VADODARA

SPECIAL CRIMINAL APPLICATION NO. OF 2024

1. JITENDRA BIJARAM PAWAR …Petitioners

Versus
1. STATE OF GUJARAT AND ANR …Respondents

 It is alleged in the FIR are that on 03.10.2020 first

informant was at outstation and one Doctor Mr.

Dharmendra Wada was stationed at the hospital premises,

during early afternoon the first informant received a call

from one of his staff person alleging that one Jitendra

Pawar Accused No, Ex- Sarpanch Vijay Chawada and other

two persons allegedly came into hospital saying that they

came for an audit, it is further alleged that the present

applicants threatened hospital staff, and used abusive

words. It is further alleged that the present applicants

entered women’s covid ward and took photos and videos of

the indoor patients and disturbed the patients. On the

strength of the aforementioned facts the impugned

FIR/Complaint came to be registered against the present

applicants.

 It is submitted that, being seriously aggrieved and

dissatisfied by the impugned FIR registered by the

complainant being 11196009200667 of 2020 registered at

Jawaharnagar Police Station, District Vadodara on

07.10.2020 the petitioners above named most humbly and

respectfully beg to prefer the present petition invoking

inherent jurisdiction u/s 482 of Cr.P.C. for quashing and

 setting aside impugned FIR and consequent proceedings

thereto, on the following amongst other grounds;

 HENCE THIS PETITION.