DHIRUBHAI KHIMJIBHAI MAKWANA vs STATE OF GUJARAT

Court
Gujarat High Court

R/CR.MA/15195/2016 (GJHC240552182016) JUDGMENT DATED:
02/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 15195 of 2016

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE P. M. RAVAL

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Approved for Reporting Yes No
✔
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DHIRUBHAI KHIMJIBHAI MAKWANA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1,2,3
NOTICE SERVED for the Respondent(s) No. 2
MR. ROHAN SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P. M. RAVAL

Date : 02/09/2026

ORAL JUDGMENT
1. Petitioners before this Court have invoked Section 482 of the
Code of Criminal Procedure, 1973, for inter alia praying to quash
and set aside the FIR being C.R. No.I-28 of 2016, lodged before the
Ranavav Police Station, Porbandar, for offences punishable under
Sections 385, 506(2) and 114 of the Indian Penal Code, 1860, and
consequential proceedings arising therefrom.
2. The facts as narrated in FIR are in a nutshell to the effect that
the since last six years the complainant is serving as Chowkidar in
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R/CR.MA/15195/2016 (GJHC240552182016) JUDGMENT DATED:
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Ranavav Nagarpalika and in pursuant to his application, the
complaint was filed by him inter alia contending that on 25.04.2016
at about 8 O’clock he was on his duty, at that time, Vice President of
Nagarpalika namely Dhirubhai came with unknown persons in auto
rickshaw at the godown and started taking away total 15 tiles boxes
of toilet and bathroom tiles, and upon restraing them by the
complainant, Dhirubhai has threaten him to kill and has forcibly
taken the said tiles worth of Rs.3,000/-. Thereafter, the complainant
has informed to the clerk of the Nagarpalika about the incident,
however, no response was given by the clerk, hence, the FIR came to
be filed.
3. Learned advocate Mr. Mahesh Pujara for learned advocate Mr.
Ashish Dagli for the petitioners would submit that respondent No.2
– original complainant is serving as a Chowkidar in Ranavav
Nagarpalika. Pursuant to his application, the present FIR came to be
lodged, who is not in any way related to the work of Nagarpalika.
However, is a close associate of the earlier President of the party,
and since the petitioner has left the said party and joined another
political party, the present FIR is a deliberate attempt to falsely
implicate, inasmuch as the petitioner No.1 was elected as Vice
President of Nagarpalika only with a view to pressurize him to join
the earlier party.
3.1. It is further submitted that since the petitioner No.1 had not
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R/CR.MA/15195/2016 (GJHC240552182016) JUDGMENT DATED:
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shown his willingness to rejoin the earlier party, the present FIR is
lodged, falsely implicating him by way of pressure tactics. Learned
advocate would also submit that there is contract between
Nagarpalika and the contractor. It is the liability and scope of
contractor to maintain the construction material and it is under his
exclusive control, and Nagarpalika is nowhere concerned nor is
legally bound and responsible for the goods of the contractor in
question.
3.2. Learned advocate would further submit that Shakti Education
and Charitable Trust of Upleta was awarded a contract for
construction of toilet and bathroom, and as per the certificate issued
th
by the said contractor dated 12 February, 2016, because of non-
availability of construction material, the work was stopped and no
materials in the nature of tiles were lying in the godown which has
been alleged to have been taken away by the present petitioners. And
thus, the intention is obviously reflected from the lodging of the FIR
in any way targeting the petitioner to eliminate from his post with a
political vendetta. Thus, it is requested to allow the present petition.
4. Though served, non appears for the original complainant.
5. Learned Additional Public Prosecutor Mr. Rohan Shah for the
State would submit that the investigation is completed, charge-sheet
is filed, and panchnama to the effect of recovery of 15 packets of
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R/CR.MA/15195/2016 (GJHC240552182016) JUDGMENT DATED:
02/09/2026
tiles from the accused persons is also drawn. Therefore, it cannot be
said that the alleged offence is not committed in any way, and that
the petitioners are wrongly roped into the alleged offence with a
political vendetta. Hence, argued to reject the present petition.
6. Heard learned advocates for the respective parties. This Court
has gone through the FIR as well as the papers of investigation
handed over by learned Additional Public Prosecutor for the perusal
of this Court.
7. At the outset, it is required to be noted that Section 385 of the
IPC relates to punishment for putting a person in fear of injury in
order to commit extortion. From the reading of the averments made
in the FIR as well as the papers of the investigation, there is not an
iota of evidence with regards to intentionally put the complainant in
fear of any injury and thereby dishonestly inducing him to deliver
property. More particularly, considering the entire papers of the
charge-sheet, there is nothing on record to point out as to who owned
such 15 packets of tiles which are alleged to have been taken away
by the present petitioners. No investigation is carried out with regard
to the ownership, and therefore, the question of putting the
complainant to fear of injury and thereby dishonestly inducing him
to part with the property, namely the 15 tiles box, is not made out.
8. There is nothing on record even to point out that the
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complainant was handed the responsibility of taking care of such
tiles / goods. There is also nothing on record to point out that the
complainant was working as a Chowkidar with the Ranavav
Nagarpalika Gram Panchayat, since the FIR itself states that such
tiles were taken from the ground. Even if the averments in the FIR
are taken as it is, as to whom those tiles belong to is not surfacing on
record either from the FIR or from the papers of investigation, had
there been the property of the Nagarpalika would have certainly
come forward or had it been the ownership of the contractor, would
have not given a certificate which is annexed at Annexure-B to the
nd
present petition inter alia informing that since 2 February, 2016,
the work of construction is stopped since last 6 months, and only
sand, bricks, cement sheets and cement are lying in the compound.
9. Even if the recovery panchnama is taken into consideration,
Dhirajlal Khimjibhai Makwana has himself produced the tiles before
the investigation agency. Thus, it is not even the case of the
prosecution that such recovery of tiles was made from the place of
residence or which was in conscious possession while the
panchnama was carried out. Voluntarily submitting the goods under
question, would not fall within the four corners of the panchnama
which could be said to have even proved in accordance with law if
the trial is conducted. In the circumstances, the case of extortion is
not made out, question of putting person in fear in order to commit
extortion would would not be able to stand on its legs.
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R/CR.MA/15195/2016 (GJHC240552182016) JUDGMENT DATED:
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10. As far as the attracting provision of Section 506 of the IPC is
concerned, which is punishment for criminal intimidation, which is
defined under Section 503 of the IPC, would be attracted when a
threat is given to any person with an intent to injure him or
reputation or property, with the intent to cause alarm or to cause that
person to do any act which he is not legally bound to do or omit to
do any act which that person is legally entitled to amount to criminal
intimidation. The vague allegations unsupported by any prima facie
cogent evidence which does not disclose an offence under Section
506 of the IPC. More particularly, in absence of material of any
intent to cause alarm, as there is only one witness who is also
hearsay witness. And even if, the threat is considered so as to not
permit the present petitioners to take away the tiles under question is
considered, there is nothing on record to point out that the
complainant was legally entitled to restrain the present petitioners
from taking away the tiles from the open ground. More particularly,
when there is nothing on record from the papers of the investigation
that he was employed as an watchman of the Ranavav Nagarpalika,
and was employed to take care of the water tank. And also in
absence of any ownership being claimed either by the Nagarpalika
or by the contractor, continuing the present FIR would amount to
abuse of process of law.
11. Under the circumstances, the present petition is allowed. The
FIR being C.R. No.I-28 of 2016, lodged before the Ranavav Police
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R/CR.MA/15195/2016 (GJHC240552182016) JUDGMENT DATED:
02/09/2026
Station, Porbandar, alongwith the consequential proceedings arising
therefrom are hereby quashed and set aside qua the present
petitioners.
12. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(P. M. RAVAL, J)
NITIN MAKWANA
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