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2025 Supreme(GUJ) 752

HIGH COURT OF GUJARAT
HDS
RAJUBHAI NAGINBHAI CHUNARA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR KISHAN K NAYI(13080) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

(HASMUKH D. SUTHAR, J.)

1. Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State.

2. By way of this application under Section 438 read with Section 442 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short, “BNSS”), the applicants have prayed for the quashing and setting aside of the judgment and order dated 06.03.2025, passed by the learned 2nd Additional Sessions Judge, Khambhat, District Anand, in Criminal Appeal No. 37 of 2020 & Criminal Appeal No. 43 of 2020 below Exhibit 28. By the said order, the learned Sessions Court held the applicants guilty of the offence punishable under Section 323 read with Section 114 of the IPC and sentenced them to undergo simple imprisonment (SI) for one year and to pay a fine of Rs. 500/- each, failing which they shall further undergo SI for five days. The applicants were also found guilty under Sections 324 and 114 of the IPC and sentenced to SI for two years along with a fine of Rs. 2,000/- each, failing which they shall further undergo SI for 15 days. Additionally, they were convicted under Section 504 of the IPC and sentenced to SI for one year with a fine of Rs. 1,000/- each, and i

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