R/CR.MA/16078/2025 ORDER DATED: 07/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 16078 of 2025 ========================================================== AMIT UMASHANKAR AGARWAL Versus STATE OF GUJARAT ========================================================== Appearance: MR JEET B KARIA(11991) for the Applicant(s) No. 1 MR TRUPESH KATHIRIYA, PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 07/08/2025 ORAL ORDER Rule. Learned APP waives service of rule for the Respondent-State. 1. Leave to amend is granted. To be carried out, forthwith. 1.1 By way of this petition, the petitioner has prayed to quash and set aside the Notice / Samaj Yadi, Dated: 02.07.2025 (and also dated 03.07.2025) issued by the New Clothe Market Wing, Economic Offences Solution Branch (EOW), Crime Branch, Ahmedabad City, and all other proceedings that may be initiated under the said notice. 2. Learned Advocate, Mr. Karia, appearing for the Petitioner submitted that the impugned notice is absolutely R/CR.MA/16078/2025 ORDER DATED: 07/08/2025 misconceived, as the Petitioner has not committed any offence and yet, he apprehends his arrest. 2.1 It was, further, submitted that considering the fact that the Petitioner is a businessman and according to learned Advocate, Mr. Karia, he has not committed any offence, this petition may be disposed of by issuing suitable directions. 3. Learned APP appearing for the Respondent-State strongly opposed this petition and submitted that upon finding something against the present Petitioner, he is asked to remain present by the police authorities for recording his statement and it is not necessary that every time, when a person is called to police station, the same shall result into arrest of the concerned person. It was, therefore, submitted that this petition being premature, the same may be dismissed without granting any relief in favour of the present petitioner. 4. I have heard the learned Advocates for the parties and perused the material on record and considering the fact that the petitioner is called by the police authorities only for the purpose of recording his statement, as can be seen from the impugned notice as well as from the submissions made by the learned Advocate for the Petitioner, and as the concerned IO has not formed any opinion that the Petitioner R/CR.MA/16078/2025 ORDER DATED: 07/08/2025 has committed any offence yet, the interest of the justice shall be served by directing the concerned police authorities to give a clear notice of two weeks in case, if, the concerned IO chooses to arrest the present Petitioner, so as to enable the Petitioner to avail appropriate remedy available under the law to the Petitioner. Ordered accordingly. 4.1 It is clarified that this Court has not examined the merits of the matter. Disposed of, accordingly. Direct service is permitted. (NIRZAR S. DESAI,J) UMESH/- Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 07/08/2025 17:35:21