R/SCR.A/3845/2025 ORDER DATED: 01/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 3845 of 2025 With CRIMINAL MISC.APPLICATION (FOR AMENDMENT) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 3845 of 2025 ========================================================== ARVINDBHAI KESHAVBHAI RANPARIYA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR VIRAL K RANA(12481) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 01/08/2025 ORAL ORDER By way of present petition under Article 226 of the Constitution of India read with the provisions of the BNSS, the petitioner has sought for the following relief; “Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction, directing the respondent nos.1 to 3 to carry out further investigation under Sec.193(9)(3) of Bharatiya Nagarik Suraksha Sanhita in connection with C.R. No.11214020242692/2024 dated 23.10.2024 registered with Surat Rural Police Station, Kamrej for the offences punishable under Sec.115(2), 351(3), 351(4) and 54 of the Bharatiya Nyaya Sanhita (Annexure-F) and add Sec.61 of Bharatiya Nyaya Sanhita in the said complaint in the interest of justice and for the reasons stated in the memo of petition;” Having heard learned advocates appearing for the respective parties and going through representation dated 05.12.2024 (Annexure-H to the petition), it appears that petitioner has sought addition of Section 61 of the BNS and to arrest the accused persons and to further investigate the offence as per section 193(3) of the R/SCR.A/3845/2025 ORDER DATED: 01/08/2025 BNSS. Learned APP has drawn attention of this Court to the fact that ‘A’ summary is filed and as summary is filed and investigation is yet to be concluded and is pending so far as tracing the accused is concerned, subject to availability of accused, prosecution may further investigate the offence. In view of above, no direction in exercise of powers under Article 226 of the Constitution of India is made out and petition is dismissed. However, if the petitioner is dissatisfied and aggrieved with any action of the authority then the petitioner shall have right to file appropriate proceeding namely if ‘A’ summary is filed, same shall be challenged and if summary is not filed and pending for investigation then the present petitioner shall have to approach the concerned Investigating Officer to help in assissting the Investigating Officer for the purpose of appropriate investigation, in case the petitioner is having any details or material qua accused. In view of dismissal of Special Criminal Application No.3845/2025, Criminal Misc. Application (For Amendment) No.1/2025 in Special Criminal Application No.3845/2025 also stands disposed of. (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 01/08/2025 17:29:56