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2024 Supreme(Guj) 416

DIVYESH A. JOSHI
Vishal Dineshbhai Solanki – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR.HIREN M MODI
For the Respondent: MR. L.B. DABHI

JUDGMENT :

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. The respondent No.2, although served with the notice issued by this Court, has chosen not to remain present either in person or through an advocate and oppose this application.

3. By this application under section 482 of the Code of Criminal Procedure, 1973, the applicant seeks to invoke the inherent powers of this Court praying for quashing of the first information report being C.R. No.I-193 of 2017 registered before the Sarthana Police Station at Surat for the offence punishable under section 363 of the IPC.

4. The case of the prosecution may be summarized as under;

4.1 The impugned FIR has been filed by the respondent No.2- original complainant who happens to be the uncle of the girl stating that on 26.09.2017, when his niece Urvashi @ Gopi did not come for lunch, the complainant asked his mother Liliben about Urvashiben whereupon his mother told him that Urvashi went down for getting his Dupatta which fell down. Thereafter, when more time had been passed and yet his niece did not return back, they started searching the whereabouts of his niece. The comp

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