R/SCR.A/10485/2025 ORDER DATED: 25/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 10485 of 2025 ========================================================== DEEPAK MANILAL PATEL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR NK MAJMUDAR(430) for the Applicant(s) No. 1 MR SHIVAM N MAJMUDAR(14001) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 25/07/2025 ORAL ORDER By way of present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner has sought for appropriate writ, order or direction to quash and set aside the communication / notice dated 29.05.2025 (Annexure-L) issued by the concerned respondent authorities and to quash and set aside the action of the concerned responent authorities of calling upon the petitoner to remain present before the concerned police authorities, despite the fact that the petitioner has submitted his replies and despite that his statement being recorded before the concerned respondent authorities, in the interest of justice. Heard learned advocate for the petitioner and learned APP for respondent No.1 – State of Gujarat. The main grievance of the petitioner is that time and again the respondent authorities are calling upon the petitioner and authority is going to use the impugned summons as mouse trap, as the coordinate R/SCR.A/10485/2025 ORDER DATED: 25/07/2025 Bench of this Court come to the conclusion that the offence is registered against the co-accused wherein petitioner is not named and the same pertains to a civil dispute and they are protected and therefoer, he has also made a request to protect by way of no coercive steps. It is needless to say that without there being an offence registered, such blanket order of no coercive steps is not permissible. Refuting the said submission, learned APP has drawn attention of this Court to the fact that on his own the petitioner has made a statement and he has never tuned up before the authority and authority is now investigating the offence. In view of above, as police wants to further investigage the offence and has only issued a witness summons to the petitioner, present petition is disposed of and the petitioner is directed to appear before the respondent authority and join the investigation pursuant to the summons / notice dated 29.05.2025 (Annexure-L to the petition). However, it is made clear that in case the respondent – police authority comes to conclusion that any offence is made out against the present petitioner and wants to register an FIR, then the respondent authority is directed to inform the present petitioner well in advance keeping a gap of 7 days before registering the FIR and also to inform the involvement of the petitioner to the petitioner so that the petitioner can take appropriate recourse if so advised before appropriate forum. With aforesaid direction, present petition is disposed of. It is made clear that this Court has not gone into the merits of the case. Direct service is permitted. (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 25/07/2025 14:47:02