R/CR.MA/13250/2025 ORDER DATED: 07/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (DIRECTION) NO. 13250 of 2025 ========================================================== DINESHBHAI RATIBHAI CHAVDA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR JIGNESH L HAJARE(3994) for the Applicant(s) No. 1 MR. RAJESH B CHAVDA(7173) for the Applicant(s) No. 1 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 07/08/2025 ORAL ORDER [1.0] By way of present petition under Articles 14, 21, 226 and 227 of the Constitution of India read with Section 528 of the BNSS, the petitioner has prayed for the following relief: “(B) YOUR LORDSHIPS be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction and further be pleased to convert the non- bailable warrant into bailable warrant which came to be issued by the learned Additional Chief Judicial Magistrate, Rajkot below Exh:37 in Criminal Case No.8437/2018 vide order dated 27.12.2024 (Annexure-A). [2.0] Having heard learned advocate for the respective parties and perusing the record it appears that the petitioner has directly approached this Court challenging the judgment and order of conviction without resorting to the alternative statutory remedy available to the petitioner. It appears that the petitioner is convicted on 10.01.2023 and petitioner has filed the present petition in June, 2025. Further, petitioner has directly approached this Court under Article 226 of the Constitution of India without availing statutory remedy and hence, as per the law laid down by this Court in the case of Bhoomi Exim & Anr. Vs. State of Gujarat & Anr. (SCR.A/12711/2023, dtd. 07.10.2023); Arun Shankar Shukla Vs. State of U.P & Ors, reported in 1999 (6) SCC 146 and Hamida Vs. Rashid alias Rasheed and Ors. reported in (2008) 1 SCC 474, this Court is not inclined to entertain the present R/CR.MA/13250/2025 ORDER DATED: 07/08/2025 petition. The Hon’ble Apex Court in the case of Hamida (Supra) has been pleased to observe in Head-note B as under: “B. Criminal Procedure Code, 1973 – S.482 – Inherent powers of High Court – Scope – Limits of – Alternative remedy – Availability of – Effect – Held, has to be exercised sparingly with circumspection and in rare cases and that too to correct patent illegalities or when some miscarriage of justice is done – Practice of High Courts in entertaining petitions under S.482, when there was an effective alternative remedy available, deprecated – Ends of justice would be better served if valuable time of the Court is spent in hearing those appeals rather than entertaining petitions under S.482 CrPC at an interlocutory stage which are often filed with some oblique motive in order to circumvent the prescribed procedure, as in the instant case, or to delay the trial which enable the accused to win over the witnesses by money or muscle power or they may become disinterested in giving evidence, ultimately resulting in miscarriage of justice (paras 7, 8 and 13)” [2.1] It is also appropriate to refer to the decision of Hon’ble Supreme Court in the case of Manoj Vasudev Sompura Vs. State of Gujarat reported in 2024 (3) GLR 1737 and Sharad Jethalal Savla Vs. State of Gujarat & Ors. in CRMA No.19862/2025 as well as the decision dated 10.02.2022 of the coordinate Bench of this Court in the case of Istadev Projects Pvt. Ltd. Company Thro Maheshbhai Virabhai Patel vs. State of Gujarat [Special Criminal Application No.1704/2022]. [3.0] In view of the above decisions as well as the fact that statutory remedy is available under law, this Court is not inclined to entertain the present petition in exercise of power under Article 226 of the Constitution of India and Sec.528 of BNSS. Accordingly, present petition is dismissed in limine. It is made clear that this Court has not gone into the merits of the matter. However, the petitioner is at liberty to avail appropriate statutory remedy before the appropriate Forum. It is made clear that this Court has not gone into the merits of the case. (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 08/08/2025 11:55:15