R/SCR.A/12490/2025 ORDER DATED: 11/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12490 of 2025 ========================================================== JUSABBHAI HUSENBHAI SIDA Versus STATE OF GUJARAT ========================================================== Appearance: MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MS KANVA ANTANI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 11/09/2025 ORAL ORDER 1) By way of this petition, the petitioner has prayed for quashing and setting aside the order dated 28.07.2025 passed below Exh:116 in Sessions Case No.26/2019 and further be pleased to direct that the incriminating contents recorded in the deposition of PW:8 be deleted from the record of Sessions Case No.26/2019. 2) From the record, it appears that during recording of evidence produced below Exh:116 - Panchnama, the petitioner has raised objection. It is needless to say that mere exhibiting document is not a final verdict and at the time of appreciation of evidence, the Court has to rely upon qua admissibility and relevancy and other available documents qua their evidentiary value. 3) In view of the above, at the time of appreciation of evidence, learned trial Court has to keep in mind the law laid down by the Hon’ble Apex court in case of Venkatesh @ Chandra Vs. State of Karnataka, (2022) LiveLaw SC 387, more particularly para 19 thereof and shall consider the same. Accordingly, present petition stands disposed of. Petitioner is permitted to raise all available contentions before the trial Court. (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 11/09/2025 15:15:05