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2024 Supreme(Guj) 573

DIVYESH A. JOSHI
Sushmaben Rajendrabhai Bakshi – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr.Nandish H Thackar
For the Respondent: HCLS Committee, Mr Kirit R Patel, Mr. Dhawan Jayswal, Ld.Addl. Public Prosecutor

JUDGMENT :

1. 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-25 of 2009 registered before the J.P. Nagar Police Station at Vadodara for the offence punishable under sections 354, 509 and 114 of IPC and Section 3(1)(10)(11) of the Atrocities Act.

2. Learned advocate Mr. Nandish Thackar appearing for the applicants submits that the applicants are the doctors by profession and running a hospital in the name and style as Subhechcha Hospital at Vadodara since last one year. The respondent No.2 original complainant was working as a nurse in the said hospital. He further submits that the allegations levelled in the FIR are that on the fateful day, at the time of carrying out the laparoscopy surgery of one patient, the applicant No.1 had put certain ornaments (finger rings) and wrist watch in the pocket of the apron worn by the respondent No.2 and the respondent No.2 did not have any knowledge that how many rings were put in her pocket. It it alleged in the complaint that after the operation, she had given back all the ornaments t

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