RAHUL KISHANBHAI MOTWANI v. STATE OF GUJARAT & Anr.
Case at a glance
Outcome
Disposed of
Accordingly, present petition is disposed of
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 115(1), 296(b), 316, 318(4), 351(1)
- Constitution of India art. 226
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
Judgment
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 22/08/2025 ORAL ORDER By way of present petition the petitioner has sought quashing of the FIR No.11205036240201 of 2024, registered with Naliya Police Station, District Kutchh West – Bhuj, for the offences punishable under Sections 115(1), 296(b), 351(1), 318(4) and 316 of the Bharatiya Nyaya Sanhita. Heard learned Advocate for the petitioner and learned APP for respondent – State of Gujarat. At the outset, the charge-sheet has already been filed on
21.10.2024 which culminated into Criminal Case No.28 of 2025, on
Operative part
04.01.2025, and the petitioner has already filed discharge application which is pending adjudication before the jurisdictional Court. Considering the above facts, no case is made out to exercise power under Article 226 of the Constitution of India and Section 528 of BNSS. However, it is kept open for the petitioner to pursue the discharge application and the concerned Court shall have to decide the same independently on its own merits without being influenced by any R/SCR.A/11551/2025 ORDER DATED: 22/08/2025 observations made herein. Accordingly, present petition is disposed of. ANKIT Original copy of this order has been signed by the Hon'ble Judge.
(HASMUKH D. SUTHAR,J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, present petition is disposed of
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — ss. 115(1), 296(b), 316, 318(4), 351(1); Constitution of India — art. 226; Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528.
Which court decided this case, and when?
Gujarat High Court, on 22 Aug 2025. The bench was HASMUKH D SUTHAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.