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2025 DAILYLAW 6756 (GUJ)

ANITA ANUP SEKHRI v. STATE OF GUJARAT

SCR.A/15977/2023 · 2025-09-10

Hasmukh D Suthar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

R/SCR.A/15977/2023 ORDER DATED: 10/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 15977 of 2023 With CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2024 In R/SPECIAL CRIMINAL APPLICATION NO. 15977 of 2023 ========================================================== ANITA ANUP SEKHRI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: SANKUL K KABRA(9304) for the Applicant(s) No. 1 MOSON LE EXPARTS(11071) for the Respondent(s) No. 2 MR AKSHAT KHARE(5912) for the Respondent(s) No. 2 MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 10/09/2025 COMMON ORAL ORDER Learned APP has pointed out that cognizance is taken and even charge is also framed and matter is in progress. Hence, once cognizance is taken by the learned trial Court, the orders of trial Court are not amenable to writ jurisdiction under Article 226 of the Constitution of India in view of decision of the Hon’ble Supreme Court in the case of Radhe Shyam vs. Chhabi Nath reported in (2015) 5 SCC 423. Even, this Court does not have roster under Section 482 of the CrPC (section 528 of the BNSS) and hence, in view of Pradnya Pranjal Kulkarni vs. State of Maharashtra & Anr. rendered in Petition for Special Leave to Appeal (Cri.) No.13424/2025, present petition stands disposed of with liberty to file appropriate proceeding. This Court has not examined the merits of the case. The petitioner is permitted to replace the certified copy of annexures by producing simple copy thereof. Connected Misc. Application stands also disposed of. (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 18:20:58