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2024 Supreme(Online)(GUJ) 15999

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
BHARATKUMAR BACHUBHAI SHAHERI – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR YOGESH G KANADE(3114) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORAL ORDER

1. RULE. Learned APP waives service of notice of rule on behalf of the respondent State.

2. Present application is filed by the applicants under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) seeking to quash and set aside the FIR being CR 11216007220607 of 2022 registered before the Sector 21, Gandhinagar Police Station for the offence punishable under Sections 332, 353, 504, 427 and 114 of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act and Section 3 of Prevention of Damage of Pubic Property Act and all the consequential proceedings arising therefrom.

3. The brief facts of the case are on 1.12.2022, an unarmed police constable-complainant, serving as the driver of PCR Van No. 2, Regd. No. GJ19GB1279 (P-247) at 20:00 hours, along with Incharge Jigneshbhai Mahendrabhai (Buckle No. 1529), responded to a disturbance due to a loudspeaker playing at high volume at 00:15 hours. The police proceeded to a location in Vardhi, specifically at a house situated in Sector 30, where a marriage celebration was taking place. The loud DJ sounds were disruptive, and the police alighted from the vehicle to inform the applicant to

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