ASHOKBHAI BHAKABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Learned APP Mr.Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 - State and learned advocate Mr.Mangal V.Gadhvi 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 Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the present applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No.11198047251252 of 2025 lodged before the Sihor Police Station, District Bhavnagar, for the offences punishable under Sec. 108 of the Bharatiya Nyaya Sanhita, 2023, and under Ss. 40 and 42 of the Gujarat Money Lenders Act, 2011.

(3.) It is the case of the prosecution that the deceased (i.e. the father of the complainant) had borrowed an amount of Rs.20,00.000/0.00.00=00 from the present applicant in the year 2020, and he was regularly paying interest on it to the present applicant. It is alleged that though the deceased had repaid the principal amount, the applicant was further demanding Rs.30,00.000/0.00=00 from the deceased, due to which the deceased was remaining under constant stress and tension. It is the case of the prosecution that the applicant was frequently calling the deceased and demanding the money. It is alleged that due to the torture exerted upon the deceased by the applicant regarding repayment of his dues, the deceased took the drastic step of committing suicide by hanging himself in his house.