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2025 DAILYLAW 1733 (GUJ)

JAIMIR JITENDRAKUMAR MEHTA v. STATE OF GUJARAT

SCR.A/920/2025 · 2025-06-20

Hasmukh D Suthar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

R/SCR.A/920/2025 ORDER DATED: 20/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (TRANSFER) NO. 920 of 2025 With CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 920 of 2025 ========================================================== JAIMIR JITENDRAKUMAR MEHTA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR HIMANISH J JAPEE(11295) for the Applicant(s) No. 1 MR SATYAMKUMAR R UPADHYAY(12246) for the Respondent(s) No. 2,3 MR ROHAN SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 20/06/2025 ORAL ORDER 1) By way of this petition, the petitioner has prayed to transfer the proceedings of Criminal Misc. Application No. 87/2024 under Section 144 of the BNSS, pending before the Court of learned Family Court, Bayad, to the court of learned Family Court, Gandhinagar. 2) Learned counsel for the petitioner has submitted that respondent No.2 has filed complaint being Criminal Misc. Application No.193/2024 before the court of ld. Chief Judicial Magistrate, Bayad under the provisions of Protection of Women from Domestic Violence Act, despite the fact that she is living in Gandhinagar. Moreover, father of respondent No.2 is residing with her brother in Canada and therefore, Bayad court will have no jurisidction. Further, the private respondents are living in Gandhinagar and respondent No.2 is also serving in Gandhinagar. Respondent No.3 is studying in Amba School for Excellence, at Gandhinagar. R/SCR.A/920/2025 ORDER DATED: 20/06/2025 3) In view of the facts of the case as well as the averments made in the petition, petition deserves consideration. Accordingly, petition is allowed. Proceedings of Criminal Misc. Application No. 87/2024 filed under Section 144 of the BNSS, which is pending before the Court of learned Family Court, Bayad, is hereby transferred to the Court of learned Family Court, Gandhinagar. In view of the order passed in the main matter, Criminal Misc. Application (Direction) No. 1 of 2025 would not survive and hence, the same stands disposed of accordingly. Direct Service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 23/06/2025 15:37:04