GOVARDHANKUMAR THAKOREDAS ASRANI VS. STATE OF GUJARAT & 1

GOVARDHANKUMAR THAKOREDAS ASRANI

VS.

STATE OF GUJARAT & 1

Para 39.It is true that section 195 of the Code does not bar the trial of an accused for a distinct offence disclosed by the same set of facts and is not so stated therein. Section 195 also does not provide further that if in the course of the commission of that offence, the other distinct offences are committed, the court concerned is debarred from taking cognizance in respect of those offences as well.

However, if the perusal of the first information report and other papers of the charge-sheet makes it clear that the offence under sections 186 or 188 of the IPC, as the case may be, is closely interconnected with the other distinct offences and cannot be split up, then, in such circumstances, the bar of section 195 of the Cr.P.C. will apply to such other distinct offences also.

Para 46: In some of the applications before me, the only offence is either section 186 or 188 of the IPC. In such type of cases, there should not be any difficulty in quashing the prosecution in view of the bar of section 195 of the Cr.P.C. However, there are few cases on hand, in which, over and above sections 186 or 188 of the I.P.C, the other offences are also there which are not covered under section 195 of the Cr.P.C. It is only in such cases, the court has to be careful. I have noticed that in some of the cases, there is a charge of section 353 of the IPC along with section 186 of the IPC. I am of the view that the very act of obstruction lies in the alleged assault and use of the criminal force. In truth and substance, such an offence would fall in the category of the sections mentioned in the section 195 of the Code and it is not open to bye pass its provisions even by choosing to prosecute under section 353 of the IPC only. There is no scope, in any of the matters on hand, having regard to the materials on record, to split up the offences so as to avoid the bas of section 195 of the Cr.P.C. as all the offences can be said to have been committed in the course of one transaction. All the offences can be said to have been an integral part of one transaction.

Para 57: For the ongoing reasons, all the applications succeed and are hereby allowed. The proceedings of the criminal cases, referred to in the earlier part of the judgment, pending in different courts, are hereby ordered to be quashed. The first information reports, which are yet to culminate in a charge-sheet are also hereby ordered to be quashed.

 

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