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2025 DAILYLAW 7674 (GUJ)

ELECTROTHERM (INDIA) LIMITED v. STATE OF GUJARAT

SCR.A/11540/2025 · 2025-09-18

Hasmukh D Suthar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

R/SCR.A/11532/2025 ORDER DATED: 18/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11532 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 11540 of 2025 ========================================================== ELECTROTHERM (INDIA) LIMITED & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: THAKKAR AND PAHWA ADVOCATES(1357) for the Applicant(s) No. 1,2,3 MR RC KODEKAR(1395) for the Respondent(s) No. 2 MR ADITYA JADEJA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 18/09/2025 COMMON ORAL ORDER 1. Present petitions are filed under Article 226 of the Constitution of India read with Section 482 of the CrPC / section 528 of the BNSS. 2. Learned APP has pointed out that charge-sheet is already filed and cognizance is taken. 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 decision in the case of Pradnya Pranjal Kulkarni vs. State of Maharashtra & Anr. rendered in Petition for Special Leave to Appeal (Cri.) No.13424/2025, as cognizance is already taken by the learned trial Court, present petitions stand disposed of with liberty to file appropriate proceeding before appropriate Court under Section 528 of the BNSS. 3. Liberty is reserved in favor of the petitioner/s to replace the certified copy of annexures by producing simple copy thereof. This Court has not examined the merits of the case. (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 19/09/2025 11:31:45