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2024 Supreme(Online)(GUJ) 10651

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
MANSIBEN JITESHBHAI (VAISHNAV) ACHARYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
LEARNED SENIOR COUNSEL MR TEJAS M BAROT(2964) for the Applicant(s) No. 1,2 with LEARNED ADVOCATE MS RHEA CHOKSHI MR.DIPEN F CHAUDHARI(6740) for the Respondent(s) No. 2 MS DIVYANGNA JHALA for the Respondent(s) No. 1

ORAL ORDER

[1.0] RULE returnable forthwith. Learned advocates waive service of notice of Rule on behalf of the respective respondents. With the consent of learned advocates appearing for respective parties, present application is taken up for final hearing.

[2.0] By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”), the applicants have prayed to quash and set aside the FIR being CR No.11195019210939 of 2021 registered with Deesa Rural Police Station, Banaskantha for the offence punishable under Sections 306 and 114 of the Indian Penal Code, 1860 (for short “IPC) and to quash all other consequential proceedings arising therefrom.

[3.0] Heard learned Senior Advocate Mr. Tejas Barot with learned advocate Ms.Rhea Chokshi for the applicants, learned APP Ms.Divyangana Jhala for respondent No.1 – State of Gujarat and learned advocate Mr.Dipen F. Chaudhary for respondent No.2 – original complainant.

[4.0] It is the case of the applicants that the applicants work at Bharat Nursing College in Rasana Mota, Taluka Deesa, District Banaskantha. The college offers education in nursing across three courses: Auxiliary Nurse Midwifery (

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