Extracted from the PDF above. The PDF is authoritative.
R/SCR.A/7530/2025 ORDER DATED: 24/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR MAINTENANCE) NO. 7530 of 2025 ========================================================== JAIDEEPBHAI NALINBHAI MASHRU Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ALOK M THAKKAR(6510) for the Applicant(s) No. 1 MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1 ==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 24/06/2025 ORAL ORDER By way of present petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the BNSS, the petitioner has sought for the following reliefs:
“(B) Your Lordships be pleased to quash and set aside the
order passed below Exhibit 23 by the Court of learned Family Judge, Court No.2, Rajkot inter alia closing the right of the present petitioner and further be pleased to reopen the right of the present petitioner to lead evidence in accordance with law in Criminal Misc. Application No.100 of 2022 preferred by the respondent No.2 herein, which is annexed hereto and marked as Annexure-A; Heard learned advocate for the petitioner and learned APP for respondent – State of Gujarat. Perusing the record it appears that Exh.17 produced before
R/SCR.A/7530/2025 ORDER DATED: 24/06/2025 the learned Principal Judge, Family Court in Criminal Misc. Application No.100 of 2022, it clearly discloses that the cross- examination and evidence produced in Criminal Misc. Application No.96/2019 being adopted by the respondent No.2 herein – original applicant on 31.07.2024 and permission is granted by the learned Judge, Family Court. Considering the aforesaid fact, as the respondent No.2 – original applicant has already adopted the evidence produced in the earlier matter, present petition is disposed of with direction to the learned Judge, Family Court to proceed with the trial and expedite the same considering the evidence produced as if same is produced in Criminal Misc. Application No.100/2022, at the earliest and preferably within a period of two weeks from the date of receipt of the present order without being influenced by the present order. It is made clear that this Court has not gone into the merits of the case.
(HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/06/2025 17:02:39