R/SCR.A/14138/2023 ORDER DATED: 18/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 14138 of 2023 ========================================================== CHAKI ABDULLA MAMU Versus MANEK RAM GADHVI & ORS. ========================================================== Appearance: MRS NASRIN N SHAIKH(2451) for the Applicant(s) No. 1 MR KIRTIDEV R DAVE(3267) for the Respondent(s) No. 1,2,3,4,5,6,7 MR RAHUL K DAVE(3978) for the Respondent(s) No. 1,2,3,4,5,6,7 NOTICE UNSERVED for the Respondent(s) No. 8 MR SOAHAM JOSHI, APP for the Respondent(s) No. 9 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 18/06/2025 ORAL ORDER RULE. Learned APP waives service of notice of Rule for respondent No.9 and learned advocate Mr. Rahul Dave waives service of notice of Rule for respondent Nos.1 to 7. [1.0] By way of present petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the CrPC, the petitioner has requested to quash and set aside the order dated 12.01.2021 passed by the learned JMFC, Naliya, below Exh.01 in Criminal Inquiry No.02/2021 as well as the order dated 11.01.2023 passed by the learned 5th Additional Sessions Judge, Kachchh below Exh.11 in Criminal Revision Application No.24/2021. [2.0] Having heard learned advocates appearing for the respective parties and perusing the record it appears that nothing is clear from the record as to what steps either under Section 202 or Section 156(3) of the CrPC has been adopted by the learned Magistrate and straightway reason is assigned by the learned Magistrate without R/SCR.A/14138/2023 ORDER DATED: 18/06/2025 giving an opportunity of hearing to the petitioner. Even, the revisional Court has relied on AD report under Section 174 of the CrPC which was not even part of the record before the learned Magistrate. Even, the learned advocate for the respondent has failed to point out as to which provision or course whether under Section 202 or 156(3) of the CrPC has been adopted by the learned Magistrate and therefore, both the impugned orders are passed without affording an opportunity of hearing to the petitioner. [3.0] In wake of aforesaid discussion, present petition deserves consideration. Impugned orders dated 12.01.2021 passed by the learned JMFC, Naliya, below Exh.01 in Criminal Inquiry No.02/2021 as well as the order dated 11.01.2023 passed by the learned 5th Additional Sessions Judge, Kachchh below Exh.11 in Criminal Revision Application No.24/2021 are hereby quashed and set aside and matter is remitted back to the learned Sessions Judge, Navsari to decide Criminal Inquiry No.02/2021 afresh on its own merits and after affording opportunity of hearing to the petitioner and the learned Magistrate shall take appropriate course as he may deem fit and as provided under the CrPC / BNSS. Present petition is allowed in aforesaid terms. Rule is made absolute accordingly. (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 18/06/2025 19:03:02