Hiteshbhai Prabhudas Dharsandia vs State Of Gujarat

Gujarat High Court

Hiteshbhai Prabhudas Dharsandia vs State Of Gujarat on 11 December, 2025

                                                                                                               NEUTRAL CITATION




                            R/SCR.A/10128/2023                                    ORDER DATED: 11/12/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 10128 of 2023

                       ==========================================================
                                             HITESHBHAI PRABHUDAS DHARSANDIA
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR MAULIK S SHETH(3586) for the Applicant(s) No. 1
                       MR. K M ANTANI, APP for the Respondent(s) No. 1
                       ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                                           Date : 11/12/2025

                                                            ORAL ORDER

Learned advocate for the petitioner submitted that under Section 26 of the Securities Contract Regulation Act, 1956, the concerned Court have no powers to take cognizance of the offence on the basis of police report.

Learned APP, upon instruction, submitted that the investigation is not concluded and the investigation is still in progress.

Learned advocate appearing for the petitioner has drawn attention of this Court to the judgment of this Court passed in Special Criminal Application No.1781 of 2018 wherein in Para-11, it is observed by Coordinate Bench of this Court that the police authorities have powers to investigate into the offence. As stated by learned APP, the investigation is still in progress.

NEUTRAL CITATION R/SCR.A/10128/2023 ORDER DATED: 11/12/2025 undefined In that view of the matter, when the cognizance of offence comes, the learned Court concerned shall take the provisions of Section 26 of the Act referred to herein above into consideration.

With these observations, the present petition stands disposed of.

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