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Smart Summary

Factual and Procedural Background

The Supreme Court of India was seized of multiple connected Special Leave Petitions to Appeal (Criminal), including SLP(Crl.) No. 790/2021, arising from the impugned final judgment and order dated 21-12-2020 in CMA No. 19382/2020 of the High Court of Gujarat at Ahmedabad. The record notes that, pursuant to a previous order of the Supreme Court dated 5 April 2021, Mr. Nikhil Goel appeared as amicus curiae on behalf of accused persons Dinesh Karshan Akhiyani (in SLP(Crl) No. 1245 of 2021) and Vanraj Karshan Akhiyani (in SLP(Crl) No. 1248 of 2021). On 13-04-2021, the connected matters were taken up for hearing, leave was granted, and judgment was reserved.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The order records that the Court heard counsel for the appellant, the State of Gujarat, and counsel for the respondents/accused, including an amicus curiae appointed pursuant to an earlier order dated 5 April 2021. The Court granted leave and, after hearing the parties, reserved judgment. No further reasoning or analysis is set out in the record of proceedings.

Holding and Implications

LEAVE GRANTED; JUDGMENT RESERVED.

The immediate effect is that the Special Leave Petitions were entertained as appeals (leave granted) and the Court concluded hearing and reserved its decision for a later pronouncement. The order does not indicate any broader implications or the creation of new precedent at this stage.

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    RAMESH BHAVAN RATHOD v. VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI)

    1

    ITEM NO.22 Court 6 (Video Conferencing) SECTION II-B

    S U P R E M E C O U R T O F I N D I A

    RECORD OF PROCEEDINGS

    Petition(s) for Special Leave to Appeal (Crl.) No(s).790/2021 (Arising out of impugned final judgment and order dated 21-12-2020 in CMA No. 19382/2020 passed by the High Court of Gujarat at Ahmedabad)

    RAMESH BHAVAN RATHOD Petitioner(s)

    VERSUS

    VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI) & ANR. Respondent(s) (WITH I.R. and IA No.3100/2021-EXEMPTION FROM FILING C/C OF THE

    IMPUGNED JUDGMENT and IA No.3101/2021-EXEMPTION FROM FILING O.T. IA No. 4625/2021 - EXEMPTION FROM FILING O.T., IA No. 4624/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

    WITH

    SLP(Crl) No. 1245/2021 (II-B) (WITH I.R. and IA No.13252/2021-EXEMPTION FROM FILING C/C OF THE

    IMPUGNED JUDGMENT and IA No.13253/2021-EXEMPTION FROM FILING O.T.) SLP(Crl) No. 1248/2021 (II-B)

    (WITH FOR ADMISSION and I.R. and IA No.14120/2021-EXEMPTION FROM

    FILING C/C OF THE IMPUGNED JUDGMENT and IA No.14121/2021-EXEMPTION

    FROM FILING O.T.)

    SLP(Crl) No. 1246-1247/2021 (II-B) (WITH IA No.14106/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED

    JUDGMENT and IA No.14107/2021-EXEMPTION FROM FILING O.T.) SLP(Crl) No. 1249/2021 (II-B)

    (WITH IA No.15299/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED

    JUDGMENT and IA No.15301/2021-EXEMPTION FROM FILING O.T.) Date : 13-04-2021 These petitions were called on for hearing today.

    CORAM :

    HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Mr. Vinay Navare, Sr. Adv. Ms. Jaikriti S. Jadeja, AOR

    For Respondent(s) Mr. Nikhil Goel, AOR Ms. Naveen Goel, Adv.

    Mr. Dushyant Sarna, Adv.

    Mr. Vinay Mathew, Adv.

    2

    Mr Aniruddha P Mayee, AOR Mr. J.S. Attri, Sr. Adv. Mr. Haresh Raichura, AOR Ms. Saroj Raichura, Adv. Mr. Kalp Raichura, Adv. Mr. Ram Bhadauria, Adv. Mr. Purvish Jitendra Malkan, AOR Ms. Dharita Purvish Malkan, Adv. Mr. Jitendra M. Malkan, Adv. Ms. Deepa Gorasia, Adv. Mr. Alok Kumar, Adv. Ms. Neha Ambashtha, Adv. Ms. Nandini Chhabra, Adv. Ms. Bhavna Sarkar Adv. UPON hearing the counsel the Court made the following

    O R D E R

    1 Leave granted.

    2 Mr Nikhil Goel, learned counsel, has, in pursuance of the previous order of this Court dated 5 April 2021, appeared as amicus curiae on behalf of the accused Dinesh Karshan Akhiyani and Vanraj Karshan Akhiyani in SLP(Crl) No 1245 of 2021 and SLP(Crl) No 1248 of 2021 respectively.

    3 We have heard Mr Vinay Navare, learned Senior Counsel with Ms Jaikriti S Jadeja, learned counsel appearing on behalf of the appellant, Mr Aniruddha P Mayee, learned Standing Counsel appearing on behalf of the State of Gujarat and Mr Nikhil Goel, learned counsel, Mr J S Attri, learned Senior Counsel and Mr Purvish Jitendra Malkan, learned counsel appearing on behalf of the respondents - accused.

    4 Judgment reserved.

    (SANJAY KUMAR-I) (SAROJ KUMARI GAUR) AR-CUM-PS COURT MASTER

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    RAMESH BHAVAN RATHOD v. VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI)
    (Apr 13, 2021)