JYOTI SANJIV RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing instant petition under Articles 14 , 19 , 21 , 226 and 227 of the Constitution of India as well as under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS, 2023" for short), the petitioner has prayed for quashment of the order dtd. 25/11/2024 passed by the learned 5 th Additional Sessions Judge, Anand and thereby direct the District Superintendent of Police, Anand to hold further investigation in connection with the FIR lodged by her.

(2.) Heard learned advocate, Mr. Ramnanadan Singh for the petitioner, learned APP Mr. Chintan Dave for the respondent no.1 and learned advocate, Mr. Jay Thakkar for the respondent no.2.

(3.) Learned advocate, Mr. Ramnandan Singh appearing for the petitioner submitted that the petitioner herein is the complainant of an FIR being C.R. No.11215037220493/2022 registered with Vidyanagar Police Station, Anand for the offences under Ss. 376(2)(n) , 376(2)(e) , 376(C)(d) and 323 of the Indian Penal Code against the respondent no.2 herein and pursuant to registration of the said FIR, the concerned Investigating Officer has carried out investigation and submitted chargesheet before the learned Magistrate concerned, who committed the case to the Court of Sessions, where it has been registered as Sessions Case No.15/2023 and is pending for trial.