R/SCR.A/1667/2023 ORDER DATED: 19/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1667 of 2023 ========================================================== HAMZAKHAN @ AMZAKHAN @ SAMSIDKHAN BALAMKHAN @ BARAMKHAN PATHAN & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR PARTHIV A BHATT(5331) for the Applicant(s) No. 1,2,3,4,5,6 MR ROHAN SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 19/06/2025 ORAL ORDER 1. when the matter is called out, learned counsel for the petitioners has remained absent. However, with an assistnace of ld. APP, the matter is taken up for 昀椀nal disposal. 2. From the record, it appears that,after registration of the FIR under Sections 323, 294(b) and 506 of Indian Penal Code, 1860, provisions of GUJCTOK came to be invoked subsequently. Investigation is over and chargesheet has been 昀椀led. It is also reported that the petitioners having several past antecedents. 3. In view of the foregoing facts, since an alternative remedy is available and the matter involves disputed questions of fact which cannot be adjudicated in writ jurisdiction, no case is made out for the exercise of powers under Article 226 of the Constitution of India. Petition is dismissed accordingly. (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 19/06/2025 14:56:02