R/SCR.A/16788/2024 ORDER DATED: 21/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR MAINTENANCE) NO. 16788 of 2024 With CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 16788 of 2024 ========================================================== VIRALI NIRAV BRAHMBHATT Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. BHAUMIK DHOLARIYA(7009) for the Applicant(s) No. 1 MR.ADITYA J PANDYA(6991) for the Respondent(s) No. 2 MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 21/08/2025 ORAL ORDER 1. Rule. Learned advocates waive service of notice for the respective respondents. 2. By way of the present petition, the petitioner has prayed for quashing and setting aside the order dated 26.11.2024 passed by the learned Judge, Family Court No.3, Ahmedabad, below Exhibit 73 in Criminal Misc. Application No.726 of 2022 (Annexure-A), and consequently to allow the application preferred by the petitioner at Exhibit 73. 3. Learned advocate for the petitioner submitted that in Criminal Misc. Application No.726 of 2022, after the evidence of the respondent was over, certain information regarding immovable properties came to the knowledge of the petitioner. In order to place such documents on record, the petitioner filed an application under Section 311 of the Code of Criminal Procedure seeking recall of the witness for further cross-examination. The said application came to be rejected. Being aggrieved and dissatisfied, the present petition has been preferred. R/SCR.A/16788/2024 ORDER DATED: 21/08/2025 4. Learned advocate for respondent No.2 has opposed the petition on the ground that the witness has already been examined, the matter is pending since long, and in view of the directions of this Court, the learned Family Court is expediting the trial. It was submitted that the matter is posted for final arguments, and therefore, at this stage, the question of reopening the evidence does not arise. It was further contended that sufficient opportunity was already available to the petitioner to produce the documents at the relevant time and that the present attempt is only to fill up lacunae. 5. Having considered the submissions of the learned advocates and upon perusal of the application below Exhibit 73, it appears that the petitioner seeks to place certain documents relating to immovable properties on record, which were not produced at the time of examination of the witness. 6. In the facts and circumstances of the case, and in the interest of justice, this Court deems it appropriate to permit the petitioner to produce the following documents on record: “3. vii. Sold the Agricultural plot admeasuring 2.528 sq. mtrs. Bearing survey no. 234 at Village Shilaj. Taluka Ghatlodiya, Dist-Ahmedabad, by Hitendrabhai Bachubhai and other co- owners to Dahiben Somabhai Patel and Aalapbhai Somabhai Patel by registered sale deed dated 30/03/2019 bearing registration no. 626 for consideration of Rs. 1,20,00,000/- xi. Non Agricultural plot admeasuring 13,150 sq. mtrs. Bearing survey no. 805 old survey no. 424, at Village- Ambaliyara, Taluka-Kadi, Dist- Mahesana, purchased by sale deed dated 14/07/2021 bearing registration no. 8135 for the consideration of Rs. 1,05,86,000/- in the name of Hitendrabhai and Nirav. R/SCR.A/16788/2024 ORDER DATED: 21/08/2025 xii. Non Agricultural plot admeasuring 2,267 sq. mtrs. Bearing survey no. 807 old survey no. 422/2 at Village- Ambaliyara, Taluka- Kadi, Dist- Mahesana purchased by sale deed dated 07/07/2021 bearing registration no. 7741 for the consideration of Rs.30,00,000/- in the name of Hitendrabhai and Nirav. xiii. Non Agricultural plot admeasuring 4,369 sq. mirs. Bearing survey no 808 old survey no.440 at Village Ambaliyara, Taluka Kadi Dist- Mahesana purchased by sale deed dated 14/07/2021 for the consideration of bearing registration no.8138 Rs.37,40,000/- in the name of Hitendrabhai and Nirav. xiv. Non Agricultural plot admeasuring 12.272 sq. mtrs Bearing survey no. 809 old survey no.415 at Village- Ambaliyara, Taluka-Kadi, Dist- Mahesana purchased by sale deed dated 14/07/2021 no.8140 for the consideration bearing registration Rs. 1,03,70,000/- in the name of Hitendrabhai and Nirav.” 7. Accordingly, the petition is partly allowed. The petitioner is permitted to produce the aforesaid documents on record and to prove the same in accordance with law. The learned Family Court is directed to grant an opportunity to the petitioner to prove the aforesaid documents on record, and thereafter to proceed further with the matter in accordance with law on its own merits, without being influenced by this order. Rule is made absolute to the aforesaid extent. 8. Since the main matter is disposed of, the application for stay does not survive. Hence, the same is disposed of accordingly. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 22/08/2025 14:46:57