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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J
TAUSHIFAHEMAD TAIMURBHAI GOHIL – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. basis for seeking quashing of fir. (Para 1 , 2) |
| 2. arguments regarding investigation status and driving conduct. (Para 3 , 4) |
| 3. judicial and police statutory rights discussed. (Para 5) |
| 4. final decision rendering petition dismissed. (Para 6) |
ORAL ORDER
1) By way of present petition under Article 226 of the Constitution of India and under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , the petitioner has sought for following main reliefs:-
“B. YOUR LORDSHIPS BE PLEASED To Allot This Petition By Way Of Quashing And Setting Aside The complaint filed before Jhagadiya Police Station, Bharuch District on 22/07/2025 being FIR No. 11199028250540 of 2025 for the offences punishable under Section 105 of the Bharatiya Nyaya Sanhita, 2023, and all consequential proceedings arising therefrom, as no prima facie offence under Section 105 of BNS is disclosed against the present applicant.;
C. YOUR LORDSHIPS BE PLEASED to Hold that at the highest, the ingredients of Section 106 (1) of BNS (equivalent to Section 304A IPC – causing death by negligence) may be attracted, but the materials on record, including video and photographic evidence, clearly indicate that the
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