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2025 DAILYLAW 8169 (GUJ)

RAVI SHANKAR BHARTI v. STATE OF GUJARAT

SCR.A/6245/2025 · 2025-10-03

Hasmukh D Suthar

body2025

Judgment text

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R/SCR.A/6245/2025 ORDER DATED: 03/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6245 of 2025 ========================================================== RAVI SHANKAR BHARTI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MS. SHRADHDHA C. PIPALIA(14059) for the Applicant(s) No. 1 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 03/10/2025 ORAL ORDER Present petition is filed under Article 226 of the Constitution of India read with Section 482 of the CrPC (section 528 of the BNSS). It appears that cognizance has already been taken. Once cognizance is taken by the learned trial Court, the orders passed by the trial Court are not amenable to writ jurisdiction under Article 226 of the Constitution of India, in view of the decision of the Hon’ble Supreme Court in Radhe Shyam v. Chhabi Nath, reported in (2015) 5 SCC 423. Moreover, this Court does not have a roster under Section 482 of the CrPC / Section 528 of the BNSS. Hence, in view of the decision in Pradnya Pranjal Kulkarni v. State of Maharashtra & Anr., rendered in Special Leave to Appeal (Cri.) No.13424/2025, learned advocate for the petitioner does not press the present petition. Accordingly, the present petition stands disposed of as not pressed, with liberty to the petitioner to file appropriate proceedings before the competent Court. Liberty is reserved in favor of the petitioner to replace the certified copy of annexures by producing simple copy thereof. This Court has not examined the merits of the case. Notice/ Rule is hereby discharged. (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 04/10/2025 17:52:10