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NEUTRAL CITATION

Modification of Order dtd.

R/CR.MA/7355/2026 2 8 / 0 4 / 2 0 2 6 i n R / C R . M A / 7 3 5 5 / 2 0 2 6 ORDER DATED: 29/04/2026

0.3229582649082935

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE

FIR/ORDER) NO. 7355 of 2026

[On note for speaking to minutes of order dated 28/04/2026 in

R/CR.MA/7355/2026 ]

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

BHARTIBEN RAVICHANDRA VORA W/O DHARMESH GATHANI

Versus

STATE OF GUJARAT & ANR.

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

Appearance:

DR.ABHISST K THAKER(7010) for the Applicant(s) No. 1

MR RAJESH H SAHJANI(5376) for the Applicant(s) No. 1

MR. ROHAN SHAH, LD. ADDL. PUBLIC PROSECUTOR for the

Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

Date : 29/04/2026

ORAL ORDER

By this Note for Speaking to Minutes filed at the instance

of the applicant, it is pointed out that inadvertently, while

transcribing the order dated 28.04.2026, in the last paragraph,

the sentence ‘and no coercive action shall be taken

against the applicant’ was left out to be mentioned in

continuation of the existing paragraph.

Accordingly, let the sentence ‘and no coercive action

shall be taken against the applicant’ be added in

continuation of the last paragraph of the order dated

28.04.2206 passed in the captioned Criminal Misc. Application

No.7355 of 2026.

The registry shall effect the necessary corrections at the

earliest and issue a fresh writ of the order.

The Note stands disposed of accordingly.

(DIVYESH A. JOSHI,J)

VAHID

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Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Thu Apr 30 09:59:37 IST 2026

NEUTRAL CITATION

Present Order is modified vide

R/CR.MA/7355/2026 O r d e r d t d . 2 9 / 0 4 / 2 0 2 6 i n ORDER DATED: 28/04/2026

R/CR.MA/7355/2026

0.3229582649082935

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE

FIR/ORDER) NO. 7355 of 2026

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

BHARTIBEN RAVICHANDRA VORA W/O DHARMESH GATHANI

Versus

STATE OF GUJARAT & ANR.

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

Appearance:

MR MITESH AMIN, SENIOR ADVOCATE WITH DR.ABHISST K

THAKER(7010) for the Applicant(s) No. 1

MR RAJESH H SAHJANI(5376) for the Applicant(s) No. 1

MR ROHAN SHAH, APP for the Respondent(s) No. 1

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

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

Date : 28/04/2026

ORAL ORDER

Learned Senior Advocate Mr. Mitesh Amin assisted

by learned advocate Mr. Abhisst Thaker, for the

applicant, submits that based upon the same set of

allegations and materials, at earlier point of time

in the year 2023, the complainant has filed

complaint, pursuant to which, inquiry has been

carried out by the concerned officer from Sarkhej

Police Station and ultimately at the end of the day,

he jumped to the conclusion that the issue involved

in the matter prima facie seems to be of civil nature

and for that purpose party has to avail civil remedy

before the Civil Court.

Learned Senior Advocate Mr. Amin further submits

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Uploaded by LAVKUMAR J JANI(HC00210) on Tue Apr 28 2026 Downloaded on : Thu Apr 30 09:59:37 IST 2026

NEUTRAL CITATION

Present Order is modified vide

R/CR.MA/7355/2026 O r d e r d t d . 2 9 / 0 4 / 2 0 2 6 i n ORDER DATED: 28/04/2026

R/CR.MA/7355/2026

0.3229582649082935

that thereafter based upon the same set of facts and

materials, repeatedly applications have been filed by

the complainant, pursuant to which, inquiry officer

concerned has issued notice to the applicant. He

further submits that applicant has already cooperated

with the investigating officer at earlier point of

time and therefore considering the aforesaid peculiar

facts of the present case, applicant may be

protected. He further submits that as per the

provisions of Section 179 of the BNSS, 2023, the

applicant being a lady, for the purpose of recording

her statement, the