J.B.PARDIWALA
Nishant Bipinbhai Trivedi – Appellant
Versus
State of Gujarat – Respondent
J.B. Pardiwala, J.
1. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused No. 1 seeks to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Sessions Case No. 64 of 2016 pending in the Court of the learned Sessions Judge, Surat arising from a First Information Report being I-C.R. No. 49 of 2015 registered with the Umra Police Station, Surat for the offence punishable under Sections 376, 406, 420 read with 114 of the Indian Penal Code.
2. The case of the prosecution may be summarised as under:
2.1 On 26th February 2015, the respondent No. 2 herein lodged a First Information Report at the Umra Police Station, Surat. The free English translation of the same reads as under:
"DATE: 26.02.2015
I, Sapna D/o Hiranbhai Dhirubhai Desai, aged 24 years, occupation: Household, residing at: 1, Keshavpark Apartment, Arogyanagr, Athva Lines, Surat, Mobile No. 91411 35353, (Phone) 0261-2663580, do hereby lodge the present complaint that I am residing at the above-referred address along with my parents and I am doing house work. My father was working as a Section Officer with the Surat Municipality, w
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