Arjunbhai Kanubhai Kansakiwala vs State Of Gujarat

Gujarat High Court

Arjunbhai Kanubhai Kansakiwala vs State Of Gujarat on 22 July, 2025

                                                                                                                         NEUTRAL CITATION




                           R/CR.MA/11633/2025                                           ORDER DATED: 22/07/2025

                                                                                                                         undefined




                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CRIMINAL MISC.APPLICATION (DIRECTION) NO. 11633 of 2025
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                                             ARJUNBHAI KANUBHAI KANSAKIWALA
                                                          Versus
                                                 STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      VASIMRAJA A KURESHI(8609) for the Applicant(s) No. 1
                      MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
                      ==========================================================
                         CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                            Date : 22/07/2025

                                                                ORAL ORDER

1. By way of this petition, the petitioner seeks to quash and set aside the order dated 09.05.2025 passed by learned Addl. Judge, Small Cause Court, Vadodara, in Criminal Case No. 29242/2022.

2. Having heard learned advocate for the respective parties and perusing the record, it appears that the petitioner has directly approached this Court challenging the judgment and order of conviction without resorting to the alternative statutory remedy available to the petitioner. It appears that the petitioner is convicted on 09.05.2025 and petitioner has filed the present petition in June, 2025. Further, petitioner has directly approached this Court under Article 226 of the Constitution of India without availing statutory remedy and hence, as per the law laid down by this Court in the case of Bhoomi Exim & Anr. Vs. State of Gujarat & Anr.

(SCR.A/12711/2023, dtd. 07.10.2023); Arun Shankar Shukla Vs. State of U.P & Ors, reported in 1999 (6) SCC 146 and Hamida Vs. Rashid alias Rasheed and Ors. reported in (2008) 1 SCC 474, this Court is not inclined to entertain the present petition. The Hon'ble Apex Court in the case of Hamida (Supra) has been pleased to observe in Head-note B as under:

NEUTRAL CITATION R/CR.MA/11633/2025 ORDER DATED: 22/07/2025 undefined "B. Criminal Procedure Code, 1973 - S.482 - Inherent powers of High Court Scope - Limits of - Alternative remedy - Availability of - Effect - Held, has to be exercised sparingly with circumspection and in rare cases and that too to correct patent illegalities or when some miscarriage of justice is done - Practice of High Courts in entertaining petitions under S.482, when there was an effective alternative remedy available, deprecated - Ends of justice would be better served if valuable time of the Court is spent in hearing those appeals rather than entertaining petitions under S.482 CrPC at an interlocutory stage which are often filed with some oblique motive in order to circumvent the prescribed procedure, as in the instant case, or to delay the trial which enable the accused to win over the witnesses by money or muscle power or they may become disinterested in giving evidence, ultimately resulting in miscarriage of justice (paras 7, 8 and 13)"

3. It is also appropriate to refer to the decision of Hon'ble Supreme Court in the case of Manoj Vasudev Sompura Vs. State of Gujarat reported in 2024 (3) GLR 1737 and Sharad Jethalal Savla Vs. State of Gujarat & Ors. in CRMA No.19862/2025 as well as the decision dated 10.02.2022 of the coordinate Bench of this Court in the case of Istadev Projects Pvt. Ltd. Company Thro Maheshbhai Virabhai Patel vs. State of Gujarat [Special Criminal Application No.1704/2022].

4. In view of the above decisions as well as the fact that statutory remedy is available under law, this Court is not inclined to entertain the present petition in exercise of power under Article 226 of the Constitution of India and Sec.528 of BNSS. Accordingly, present petition is dismissed in limine. It is made clear that this Court has not gone into the merits of the matter. However, the petitioner is at liberty to avail appropriate statutory remedy before the appropriate Forum. It is made clear that this Court has not gone into the merits of the case.

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