ORAL JUDGMENT

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE VIMAL K. VYAS Sd/-

RAJESH @RAJU LUNKARANBHAI JAIN

Versus

STATE OF GUJARAT & ANR.

Appearance:

MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1

MS. KRINA P.CALLA, APP for the Respondent(s) No. 1

MR. MAHESH K POOJARA(5879) for the Respondent(s) No. 2

1. RULE returnable forthwith. Learned APP Ms.Krina P.Calla waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr.Mahesh Poojara waives service of notice of rule for and on behalf of the respondent no.2 – Complainant.

2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No.11210045240774 of 2024 lodged before the Pandesara Police Station, Surat city, for the offences punishable under Section 306 of the Indian Penal Code; as well as the proceedings of the Sessions Case No.654 of 2024 pending before the learned 15th Additional Sessions Judge, Surat.

3. The prosecution’s case, as set out in the