Research › Search › Judgment

High Court of Gujarat · body

2025 DAILYLAW 5621 (GUJ)

RAHUL KISHANBHAI MOTWANI v. STATE OF GUJARAT

SCR.A/11551/2025 · 2025-08-22

Hasmukh D Suthar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11551 of 2025 ============================================ RAHUL KISHANBHAI MOTWANI Versus STATE OF GUJARAT & ANR. ============================================ Appearance: ADITYA C YAGNIK(8228) for the Applicant(s) No. 1 JAYANI B SHAH(8495) for the Applicant(s) No. 1 MR ROHAN H. RAVAL, APP for the Respondent(s) No. 1 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 22/08/2025 ORAL ORDER By way of present petition the petitioner has sought quashing of the FIR No.11205036240201 of 2024, registered with Naliya Police Station, District Kutchh West – Bhuj, for the offences punishable under Sections 115(1), 296(b), 351(1), 318(4) and 316 of the Bharatiya Nyaya Sanhita. Heard learned Advocate for the petitioner and learned APP for respondent – State of Gujarat. At the outset, the charge-sheet has already been filed on 21.10.2024 which culminated into Criminal Case No.28 of 2025, on 04.01.2025, and the petitioner has already filed discharge application which is pending adjudication before the jurisdictional Court. Considering the above facts, no case is made out to exercise power under Article 226 of the Constitution of India and Section 528 of BNSS. However, it is kept open for the petitioner to pursue the discharge application and the concerned Court shall have to decide the same independently on its own merits without being influenced by any p. 2 observations made herein. Accordingly, present petition is disposed of. (HASMUKH D. SUTHAR,J) ANKIT