R/SCR.A/3239/2025 ORDER DATED: 22/08/202513 pt IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3239 of 2025 ========================================================== VIVEK DAHYABHAI JOSHI Versus STATE OF GUJARAT ========================================================== Appearance: MR VIRAT G POPAT(3710) for the Applicant(s) No. 1 MR ROHAN RAVAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 22/08/2025 ORAL ORDER 1. Heard learned advocates for the respective parties. 2. Rule. Learned advocates waive service of notice of Rule for the respective respondents. 3. By way of the present application under Section 528 of the BNSS, the applicant has prayed for quashing and setting aside the order dated 24.01.2025 passed below Exhibit 37 in Sessions Case No.182 of 2019 by the learned Additional Sessions Judge, Rajkot, and for a direction to supply the report of the Committee as sought for vide application Exhibit 37, along with all consequential orders in that regard. 4. It appears that the petitioner has also filed a discharge application under Section 207 of the BNSS and in light of the law laid down by the Hon’ble Supreme Court in P. Ponnusamy v. State of Tamil Nadu (SLP (Cri.) No.9288 of 2021) and R/SCR.A/3239/2025 ORDER DATED: 22/08/202513 pt Manoj & Ors. v. State of Madhya Pradesh (Criminal Appeal Nos.248–250 of 2015), it is well settled that the accused is entitled to verify the documents whether relevant or irrelevant prior to the framing of charge. 5. In view of the above settled position of law, the impugned order dated 24.01.2025 passed below Exhibit 37 in Sessions Case No.182 of 2019 by the learned Additional Sessions Judge, Rajkot, is hereby quashed and set aside. The trial Court is directed to provide the documents sought for by the petitioner in accordance with law. 6. With the aforesaid directions, the present application stands allowed. Rule is made absolute to the aforesaid extent. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 25/08/2025 14:50:44