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2024 Supreme(Online)(GUJ) 26180

HIGH COURT OF GUJARAT
SANDEEP N. BHATT, J
AAKASH DINESHBHAI WAGH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
MR MEHUL A SURATI, ADVOCATE for the Applicant; MR MANAN MEHTA, APP for Respondent No. 1 – State; MR AS TIMBALIYA, ADVOCATE for Respondent No.2 – Ori. Complainant

ORAL ORDER

1. By way of the present application, under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, `BNSS’), the applicant – sole accused prays for quashing the FIR impugned being C.R.No.11191008240608 of 2024 registered with the Chandkheda Police Station, Ahmedabad City for the offences punishable under Sections 386, 294(b) and 506(2) of the Indian Penal Code and Sections 33, 42(d) of the Gujarat Money Lenders Act.

2. Heard learned advocates. Learned advocate Mr. A.S. Timbaliya for the complainant is permitted to file his vakalatnama within three working days from today. The Registry to accept the same.

3.1 Learned advocate Mr. Mehul A. Surati for the applicant has contended that looking to the tenor of the complaint, no case is made out against the applicant. He has also contended that it is an admitted position that the applicant has landed money to the husband of the complainant for some business purpose due to having good relation. The amount of interest is also required to be paid by the husband of the complainant. He has submitted that on the date of incident, the applicant was not available at Tapova

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