IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY SUBORDINATE COURT) NO. 1816 of 2025 ==========================================================

HIREN MANSUKHBHAI BHUDARBHAI PRAJAPATI Versus STATE OF GUJARAT & ANR.

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Appearance:

MUKUNDKUMAR A THAKKAR(9034) for the Applicant(s) No. 1 SAURABH Y CHANDE(9035) for the Applicant(s) No. 1 MR HK PATEL APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 08/10/2025

ORAL ORDER

By way of this application under Section 438 and 442 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS, 2023”), the petitioner – accused seeks to challenge the order dated 01/09/2025 passed by the learned 4^th Additional Sessions Judge, Patan below Exhibit-15 in Sessions Case No.19 of 2025 whereby the application seeking discharge from the offence punishable under Sections 105, 127(2), 189(2), 190 and 296(b) of the Bharatiya Nyay Sanhita, 2023 (for short “BNS, 2023”)

came to be rejected.

2. The brief facts of the case leading to the filing of the present revision application are that that the respondent no.2 – original complainant filed the F.I.R. bearing No.11217004240416 of 2024 with Balisana Police Station against the petitioner and others, inter-alia, alleging that the orig. accused persons; who are the students of Dharpur Medical College, in connivance with each other, have committed the alleged offences, whereby the orig. accused persons done the ragging of the first year college students and allegedly, tortured them for around 3.5 hours by asking them to remain stand, sing songs and dance. It is further alleged that the orig. accused persons did not allow the first year student; who were being ragged, to go out of the room and allegedly, abused them with filthy language and tortured them mentally as well as physically for around 3.5 hours pursuant to which one student namely Anil Natvarbhai Patel died due to such torture, and thus, it is alleged that the orig, accused committed the alleged offences.

3. Upon filing of the F.I.R., the investigation commenced by recording statements of the witnesses and collected other materials which culminated into the filing of the charge-sheet for the offence punishable under Sections 105, 127(2), 189(2), 190 and 296(b) of the BNS, 2023 where the present petitioner alongwith co-accused came to be arrayed as accused in the Sessions Case No.19 of 2025.

4. In the above factual background, the petitioner–org. accused preferred an application under Section 250 of the BNSS, 2023 seeking to discharge from the array of the accused, the learned Sessions Judge, after hearing the learned advocates appearing for the respective parties, rejected the said application. Hence, this revision.

5. Learned advocate for the petitioner-accused has submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He has submitted that petitioner is not even remotely connected with the offence in question and, he is falsely implicated in the offence in question and no prima facie case as alleged is made out against the petitioner. It is further submitted that the allegations made in the FIR which culminated into the charge-sheet are vague and general in nature.

5.1 Learned advocate for the petitioner has further submitted that petitioner has not committed any as alleged since none of the ingredients as alleged are attracted against the petitioner. Learned advocate for the petitioner has submitted that petitioner did not do any act of ragging and did not make any force to the deceased to stand, sing, or dance and neither abused them with filthy words and nor had tortured in any manner either physically or mentally and thus no such alleged offence is committed by the petitioner and therefore, he may be discharged from the alleged offence.

5.2 Learned advocate for th