IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 15068 of 2025 ==========================================================

MAG MULTISTATE CO-OPERATIVE CREDIT SOCIETY LTD. THRO VIRAJ PAWAR Versus STATE OF GUJARAT & ORS.

==========================================================

Appearance:

MR TUSHAR L SHETH(3920) for the Applicant(s) No. 1 MR. DHAWAN JAYSWAL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 19/11/2025

ORAL ORDER

1. By filing the present Petition under Articles 226 and 227 of the Constitution of India, the Petitioner has prayed for the following reliefs:

“(A) Your Lordships may be pleased to allow the present petition.

(B) Your Lordships may be pleased to issue appropriate writ, order and direction to quash and set aside the Summons dated 11.09.2025 issued by Police Sub-Inspector, Dindoli Police Station, Surat City, under Section 94 of BNSS, 2023 in connection with Part A FIR No.

11210056251554/2025 registered at Dindoli Police Station, Surat City;

(C) Pending admission, hearing and final disposal of the present petition, be pleased to stay the operation and implementation of Summons dt. 11.09.2025 issued by Police Sub-Inspector, Dindoli Police Station, Surat City, in connection with Part A FIR No.

11210056251554/2025 registered at Dindoli Police Station, Surat City.

(D) To grant ad-interim relief/s in terms of prayer (C) above.

(E) Any other and further relief/s as may be deemed just, fit and proper in the facts and circumstances of the present Case may kindly be granted in the interest of Justice.”

2. The facts and circumstances giving rise to filing of the present Application are such that; an offence being CR No. 11210056251554 of 2025 came to be registered with Dindoli Police Station, Surat City for the offence punishable under Sections 303(2), 61(2) and 54 of the BNSS, 2023.

3. As per the facts of the FIR, the accused persons had committed theft of the muddamal worth Rs.13,45,000/- from the premises of the first informant. The muddamal articles also contained certain golden as well as silver ornaments. During the course of investigation, it was noticed that the accused had hypothecated those ornaments with the Petitioner – Cooperative Credit Society and had availed the gold loan. The Investigation Officer i.e. the Police Inspector of Dindoli Police Station, Surat City issued summons under Section 94 of BNSS to the Petitioner asking it to bring the golden ornaments to Dindoli Police Station. It is against the said summons that the present petition is filed.

4. Learned Advocate Mr. Tushar L. Sheth appearing for the Petitioner submits that the Petitioner herein is not an accused in the FIR. The Petitioner has an apprehension that once the ornaments in question are produced before the Investigation Officer, the same will be seized by him. Before effecting the seizure of those ornaments, the notice under Section 96 of BNSS is required to be issued. The Police Authorities had gone to the premises of the present Petitioner prior to issuance of summons in question and had asked the Petitioner to produce those ornaments. The Petitioner has also mentioned these facts in the memo of petition on affidavit. Thus, there is a serious apprehension that the ornaments in question will be seized by the Investigation Officer upon their production before him which would cause prejudice to the Petitioner. He therefore submitted to allow the present Petition.

5. Learned APP has opposed the present Petition.

6. Heard learned Advocates for the parties and perused the record. As mentioned herein above, an offene came to be registered with Dindoli Police Station, Surat City to the aforesaid effect. The golden ornaments, which happen to be the stolen property, had been hypothecated with the Petitioner - Cooperative Credit Society by the accused and a gold loan was availed upon them. By issuing summons under Section 94 of the