ORAL JUDGMENT

1. The applicants have preferred the present application under Section 397 and Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC” for the sake of brevity), assailing the order dated 21.10.2023 below Exhibit 19 and 20 passed by the learned Principal District Judge, Ahmedabad (Rural) in Sessions Case No. 115 of 2023, wherein, the learned Trial Court rejected the application filed by the applicants under Section 227 of the CrPC seeking discharge from the offences punishable under Sections 304 and 308 of the Indian Penal Code (hereinafter referred to as “IPC” for short) in Sessions Case No. 115 of 2023.

2. The facts in nutshell are that:-

2.1 On 20.07.2023 at around 12:30 am to 1:10 am the applicant was driving Jaguar car in his possession having registration number GJ-01-WK-0093 with dark film while having five co-passengers in his car namely Shreya Vaghasiya, Aryan Panchal, Dhwani Panchal, Shaan Soni and Malvika Patel and thus it is alleged that the applicant was driving the said car with more co-passengers than the permissible limit.

2.2. That the applicant was driving the said car at high speed in a rash manner and