NAVJOTKUMAR SHANTILAL TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code for short), the applicant, inter alia, prays for quashing of the FIR being C.R.No.11197057210061 dated 08.01.2021, registered with Vaghodiya Police Station, Dist. Vadodara, for the offences punishable under Ss. 376(2)(f) , 376(2)(n) , 377 , 354 (a), 354(d), 503, 506(1) and 509 of Indian Penal Code read with Sec. 66(e) and 67(a) of the Information Technology Act.

(2.) Present application was filed on 17.02.2021. Matter was placed before the Bench as per the roster and accordingly, on 12.03.2021, matter was adjourned as it was ordered "not before this Court". Pursuant to the order, the matter was listed before another Bench on 16.03.2021 and the Bench had issued notice and granted interim relief directing the investigating agency that the applicant shall not be arrested. Aggrieved with the order of not to arrest, the respondent No.3 victim filed Special Leave to Appeal (Criminal) No.3162/2021 before the Supreme Court. The Apex Court vide order dated 01.06.2021 observed that when High Court exercised its power granting ad-interim protection from arrest to the accused, it is expected by the High Court to record some reason as to why its chooses to exercise its extraordinary jurisdiction and the matter remitted back to the High Court with a direction to consider the question of granting ad-interim relief by recording reasons in support of its order.

(3.) Pursuant to the change of roster, the matter was listed before this Court.