R/SCR.A/8638/2021 ORDER DATED: 09/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8638 of 2021 ========================================================== STATE OF GUJARAT Versus RABIKUMAR TRINATH GAUD ========================================================== Appearance: MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR for the Applicant(s) No. 1 MR PARAM BUCH for MR HRIDAY BUCH(2372) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 09/09/2025 ORAL ORDER After arguing to some extent, learned advocate Mr. Buch for the respondent submits that questioned order may be quashed and set aside without observing anything on the merit and the discharge application may be remanded back to the concerned learned Special Court to decide discharge application in accordance with law. What could be noticed that the issue raised in the petition is squarely covered by the order of this Court in case of State of Gujarat Vs. Parshottambhai Keshavbhai Sutariya, Special Criminal Application No.3965 of 2014 as well as judgment in case of Shivendra Nath Verma Vs. Union of India, SLP (Cr) No.12708 of 2023. In view of above, without examining the merits of the R/SCR.A/8638/2021 ORDER DATED: 09/09/2025 case, present petition is allowed and impugned order dated 5.4.2021 passed by the learned 3rd Addl. Sessions Judge, Viramgam below discharge application Exh.8 in Special ACB Case No.1 of 2019. The discharge application Exh.8 is restored to its original file to be decided by the learned Special Court afresh in accordance with law within time bound manner of six weeks from the date of receipt of this order. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 09/09/2025 17:11:55