R/SCR.A/9215/2025 ORDER DATED: 04/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9215 of 2025 ========================================================== SUDIPTA ASITKUMAR PAL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR SHYAM M SHAH(11348) for the Applicant(s) No. 1 MS AARUSHI S DESAI(10726) for the Applicant(s) No. 1 MS MAITHILI MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 04/07/2025 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 relief: “A. To issue appropriate Direction, Order and/or writ, to quash and set aside Order dated 16.06.2025 below Exh.35 in Criminal Misc. Application No.3628 of 2024 (Old CRMA No.346/2019) before the learned Family Court, Ahmedabad and allow the prayers in the impugned application dated 16.06.2025 below Exh.35 in Criminal Misc. Application No.3628 of 2024 (Old CR.MA No.346/2019);” The main grievance of the petitioner is that the learned Judge, Family Court No.3, Ahmedabad has passed an order after conclusion of evidence and accepted the ITR returns of three years. The petitioner has filed an application Exh.35 in Criminal Misc. Application No.3628/2024 raising the objection qua affidavit filed by the wife of her assets and liabilities which is not as per the requisites laid down in the decision of the Hon’ble Supreme Court in the case of Rajnish vs Neha reported in (2021) 2 SCC 324. The said application came to be R/SCR.A/9215/2025 ORDER DATED: 04/07/2025 dismissed by assigning the reason that ITR for last three years are on the record. Due to this, the petitioner being aggrieved and dissatisfied has filed the present petition. The main grievance is that due to rejection of such application, present petitioner is denied the right of ample opportunity of being heard and fair trial and merely based on the ITR, without considering other responsibilities and liabilities of the petitioner and suppression of her income by the wife, which is required to be considered for the just decision of Criminal Misc. Application No.3628 of 2024. If the application of the petitioner is turned down then petitioner would be deprived of liberty and matter is straightway put for arguments. In view of the above, in the interest of justice, it is expedient to direct the learned Family Court to consider the application Exh.35 afresh while appreciating the evidence after giving an opportunity of hearing to both the parties and to raise the question qua responsibilities and liabilities qua income to consider the income and the responsibility while awarding an order of maintenance directed to take holistic view considering all the arguments rather to rely on only piece of evidence or document produced by either of the parties. With aforesaid direction, present petition is disposed of. Direct service is permitted. (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 04/07/2025 14:46:55