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2025 DAILYLAW 8746 (GUJ)

CINEFIL PRODUCERS PERFORMANCE LIMITED THRO KEVAL BALUBHAI DHOLARIYA v. STATE OF GUJARAT

SCR.A/4553/2025 · 2025-10-09

Hasmukh D Suthar

body2025

Judgment text

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R/SCR.A/4553/2025 ORDER DATED: 09/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 4553 of 2025 ========================================================== CINEFIL PRODUCERS PERFORMANCE LIMITED THRO KEVAL BALUBHAI DHOLARIYA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR NIRAV C THAKKAR(2206) for the Applicant(s) No. 1 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 09/10/2025 ORAL ORDER By way of present petition under Article 226 of the Constitution of India read with provisions of the BNSS, the petitioner has sought quashing and setting aside of the communication / report submitted by two respondents (Annexure-A Colly). Perusing Annexure-A, it appears that the Police Inspector, Satellite Police Station, Ahmedabad City has communicated to the petitioner to remain present before him to record the statement of the petitioner. Thus, it appears that application of the petitioner is in progress. After investigation, the Police Inspector has come to conclusion that dispute is civil in nature. Though ample remedy is provided under the Bharatiya Nagarik Suraksha Sanhita to the petitioner, the petitioner has straightway approached this Court invoking jurisdiction under R/SCR.A/4553/2025 ORDER DATED: 09/10/2025 Article 226 of the Constitution of India. Hence, in view of the decision of the Hon’ble Apex Court in the case of M. Subramaniam vs. S. Janki reported in (2020)16 SCC 728 as well as the decision in the case of Imran Pratap Gadhi vs. State of Gujarat reported in 2025 SCC OnLine (SC) 678, no case is made out to issue any direction in exercise of powers under Article 226 of the Constitution of India. In view of above, petition stands disposed of with liberty in favor of the petitioner to avail appropriate remedy against the communication / report (Annexure-A) if so advised. It is made clear that this Court has not examined the merits of the case. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/10/2025 17:53:10