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    RAKESHBHAI RAMESHBHAI BHABHOR v. STATE OF GUJARAT

    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 10225 of 2025

    =========================================

    RAKESHBHAI RAMESHBHAI BHABHOR

    Versus

    STATE OF GUJARAT & ORS. ========================================= Appearance:

    MR DARSHAN P DAVE(5928) for the Applicant(s) No. 1 APP MS MEGHA CHITALIA for the Respondent(s) No. 1 =========================================

    CORAM: HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

    Date : 10/09/2025

    ORAL ORDER

    Present petition is filed under Articles 21, 226 and 227 of the Constitution of India read with section 528 of the BNSS, 2023. 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 petition stands disposed of with liberty to file appropriate proceeding before appropriate Court under Section

    Page 1 of 2

    528 of the BNSS. So far as article 227 of the Constitution is concerned, scope of Article 227 is supervisory jurisdiction and considering the limited scope, as trial is at the stage of recording of evidence of prosecution, Court is not inclined to exercise the supervisory jurisdiction under Article 227 of the Constitution of India. 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)

    Kaushal Rathod

    Page 2 of 2

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    RAKESHBHAI RAMESHBHAI BHABHOR v. STATE OF GUJARAT
    (Sep 10, 2025)