R/SCR.A/11999/2025 ORDER DATED: 02/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11999 of 2025 ========================================================== YAKUBKHAN @ YAKUBDO KALUKHAN PATHAN Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR SALIM M SAIYED(5172) for the Applicant(s) No. 1 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================= CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 02/09/2025 ORAL ORDER 1. Heard learned advocates for the respective parties. 2. The main grievance of the petitioner is that the ingredients of Sections 310(2) and 311 of the BNS are not made out. 3. It appears that the charges are yet to be framed and sufficient opportunity has been made available to the petitioner to put forth his case. Even otherwise, the learned Sessions Judge is duty bound, prior to the framing of charge, to examine the material on record and determine under which section(s) the offence, if any, is made out. 4. The petitioner shall be at liberty to make his submissions before the learned Sessions Judge at the stage of framing of charge, and the learned Sessions Judge is directed to consider the same in accordance with law and on its own merits. 5. With the above direction, the petition stands disposed of. It is clarified that this Court has not gone into the merits of the case. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 02/09/2025 18:10:09