R/CR.MA/12883/2025 ORDER DATED: 07/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 12883 of 2025 ========================================================== VIPUL @ VIKKI VINODBHAI TILAKDHARI TIWARI Versus STATE OF GUJARAT ========================================================== Appearance: MR JAL S UNWALA, SR. ADVOCATE, MR DEVARSH P PANDYA(12986) for the Applicant(s) No. 1 MR HARDIK MEHTA, PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 07/07/2025 ORAL ORDER 1. Heard, learned Sr. Advocate, Mr. Unwala, appearing with learned Advocate, Mr. Pandya, for the petitioner, learned APP for Respondent No.1-State and learned Advocate, Mr. Rangras, for the original complainant as well as the original complainant himself, namely Hiren Prabhatbhai Kandora, who himself is the original complainant and a practicing advocate, as the learned Advocates appearing for the parties did not object to the same and that is how, with their consent, this matter was taken-up for hearing and final disposal, today. 1.1 Hence, Rule. Learned APP waives for Respondent No.1- State and learned Advocate, Mr. Rangras, waives for the original complainant. 2. By way of this petition, the petitioner has prayed for the following reliefs; R/CR.MA/12883/2025 ORDER DATED: 07/07/2025 “9. … a. To allow the present application b. To quashing and setting aside of order dated 17.06.2025 passed below Exhibit 9 by the Ld. Addl. Sessions Judge, Court Room No. 37, city civil and sessions court, ahmedabad, in sessions case no. 126 of 2025 and/or all proceedings subsequent thereto (ANNEXURE-A); c. Pending admission, hearing and final disposal of this application, to stay the operation of order dated 17.06.2025 passed below Exhibit 9 by the Ld. Addl. Session Judge, Court Room No. 37, City Civil and Sessions Court, Ahmedabad in Sessions Case No. 126 of 2025 and/or all proceedings subsequent thereto; d. To dispense with filing of affidavit as the Applicant is in jail; e. To pass any other and further orders as this Hon’ble Court may deem fit and proper;” 3. The short point that was argued by learned Sr. Advocate, Mr. Unwala, was that, as per the record of proceedings available on the website of City Civil & Sessions Court, Ahmedabad (‘Sessions Court’ in short), Sessions R/CR.MA/12883/2025 ORDER DATED: 07/07/2025 Case No. 126 of 2025 was lastly listed for hearing was 02.06.2025 and the next date of hearing was 18.06.2025. 3.1 According to learned Sr. Advocate, Mr. Unwala, the matter was never listed for hearing on 17.06.2025 and the same was listed for hearing only on 18.06.2025 and on that day, on an application preferred by the accused persons, an order was passed by the Sessions Court, whereby, certain documents, which were not the part of the charge-sheet papers, were directed to be placed on record by way of an ‘Yadi’. 3.1.1 Further, on the very same day, i.e. on 17.06.2025, another order was also passed, whereby, the adjournment application filed by the present petitioner was rejected. However, it may be noted that none of the aforesaid two orders are under challenge before this Court in the present proceedings, but, the order, which bears the date 17.06.2025, whereby the charge is framed, is the subject-matter of challenge before this Court, as can be seen from the prayers reproduced herein above. 4. Learned Counsel appearing for the petitioner, including learned Advocate, Mr. Rangras, appearing for the original complainant and the learned APP, Mr. Raval, though, did not state anything about the listing of the matter, but, learned Advocate, Mr. Rangras, appearing for R/CR.MA/12883/2025 ORDER DATED: 07/07/2025 the original complainant and the original complainant, Mr. Kandora, fairly submitted that Sessions Case No. 126 of 2025 was never listed before the Sessions Court on 17.06.2025 and therefore, the order dated 17.06.2025, whereby, the charge is framed, seems to have been passed even before the order dated 18.06.2025 was pronounced, with a view to give a fair opportunity to the accused persons, the Sessions Court had directed the concerned IO to place on record the bunch of documents, which were not part of the charge-sheet papers. 5. Heard. Be that as it may, today, learned Advocates appearing for the respective parties have requested this Court that without examining the aforesaid order or any other document any further, by recording the consensus arrived at by and between the parties and without assigning any further reasons, this Court may quash and set aside the order dated 17.06.2025, whereby, the charge is framed against the present petitioner. It was also submitted by all the counsels jointly that this Court may clarify that after following the due procedure prescribed under the Act / Code, the Sessions Court may be directed to frame the charge in accordance with law and no further observations are invited by any of the learned Counsels appearing for the respective parties, so as to ensure that the pending trial may not get influenced by any of the orders that may be passed by the Court and the order passed by the Hon‘ble R/CR.MA/12883/2025 ORDER DATED: 07/07/2025 Supreme Court dated 19.05.2025 in Special Leave to Appeal (Criminal) No. 7637 of 2025 is complied with in toto and its true spirit. 6. In view of the above, without assigning any further reason, in view of the consensus arrived at amongst the learned Counsels for the parties that Sessions Case No. 126 of 2025 was never listed for hearing before the Sessions Court on 17.06.2025 and yet, the order, whereby, the charge was framed bears the date, 17.06.2025, which is contrary to the record and as the parties have agreed, said order is quashed and set aside. The Sessions Court is directed to hear the parties in accordance with the order dated 18.06.2025 and in light of the decision of the Hon’ble Apex Court mentioned by the Sessions Court in its order dated 18.06.2025, i.e. in the case of ‘P. Ponnysamy Vs. State of TN’, (2010) 6 SCC 1, after giving fair opportunity to the accused persons, in accordance with law the charge may be framed. 6.1 With the aforesaid observations and directions, this petition is disposed of. It is clarified that this Court has not examined the merits of the matter and now, the trial Court may, without wasting any further time, continue with the trial in accordance with the order of the Hon’ble Apex Court dated 19.05.2025, passed in Special Leave to Appeal (Criminal) No. 7637 of 2025. Rule is made absolute, R/CR.MA/12883/2025 ORDER DATED: 07/07/2025 accordingly. Direct service is permitted. (NIRZAR S. DESAI,J) UMESH/- Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 07/07/2025 15:41:55