Digvijaysinh Himmatsinh Jadeja Vs State of Gujarat & Ors. (Supreme Court of India)
Summary: The Supreme Court set aside the Gujarat High Court judgment dated 05.05.2017 that had allowed the prayer for quashing FIR No. CR I/2/2015 dated 23.01.2015 registered at Police Station Gandhinagar Zone, District Gandhinagar, Gujarat. The Court held that the High Court had undertaken detailed factual examination and evaluation despite disputed questions concerning two agreements dated 25.07.2013 and 13.08.2013, their binding nature on Geetanjali Jewellery Retail Limited, and the character of 24 karat pure gold bars allegedly held in fiduciary capacity. The private respondents disputed the authority of Mr. Santosh Srivastava, stating that he had resigned on 09.12.2013, while the appellant relied on agreements, confirmation letters and statements of account signed by Mr. Srivastava and Mr. Shivendra Singh. The Supreme Court held that these were disputed factual questions requiring examination during investigation. It also noted that statements under Sections 161 and 164 of the Code had been recorded but were not considered by the High Court. The Court refrained from expressing views on the merits and directed that investigation continue uninfluenced by the findings or observations in the impugned judgment or the Supreme Court order. The appeal was accordingly allowed and the High Court judgment was set aside.
Background and Dispute
The appeal arose from the common judgment dated 05.05.2017 passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application (Quashing) No. 4758 of 2015 and Special Criminal Application No.4759 of 2015, whereby the High Court allowed and accepted the prayer for quashing of First Information Report No.CR I/2/2015 dated 23.01.2015 registered at Police Station Gandhinagar Zone, District – Gandhinagar, Gujarat.
