Gujarat High Court
Hirenbhai Manharbhai Gohel vs Priyanka Hirenbhai Gohel on 14 November, 2025
NEUTRAL CITATION
R/CR.MA/22086/2025 ORDER DATED: 14/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (RECALL) NO. 22086 of 2025
In R/SPECIAL CRIMINAL APPLICATION NO. 10414 of 2022
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HIRENBHAI MANHARBHAI GOHEL
Versus
PRIYANKA HIRENBHAI GOHEL & ANR.
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Appearance:
MR SANDIP H MUNJYASARA(10781) for the Applicant(s) No. 1
UMANG P RAVAL(9074) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 14/11/2025
ORAL ORDER
By way of present application the applicant has sought recall of the order dated 10.09.2025 passed by this Court in Special Criminal Application No.10414 of 2022.
It is submitted by the learned advocate for the applicant that an error has crept in the order dated 10.09.2025 as no cognizance has been taken by the learned Magistrate and question of framing of charge does not arise and on the said ground, recall of order dated 10.09.2025 passed by this Court has been sought for. Further, it is submitted in the application more particularly in paragraph 4 that the decision of Hon'ble Supreme Court in the case of Pradnya Pranjal Kulkarni vs. State of Maharasthra & Anr. has no applicability in the present case as it says that Article 226 of Constitution cannot be invoked to quash charge-sheet if cognizance has been taken and the captioned petition was neither for quashing of FIR nor for quashing of charge-sheet and even the order dated 10.09.2025 inadvertently mentions cause title for "quashing".
Perusing the averments made in the application and having heard the learned advocate for the applicant, it appears that the applicant had filed the captioned petition seeking quashing of the order dated Page 1 of 2 Uploaded by MR. AJAY C MENON(HC00939) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 04:35:47 IST 2025 NEUTRAL CITATION R/CR.MA/22086/2025 ORDER DATED: 14/11/2025 undefined 24.09.2021 passed by the learned Chief Judicial Magistrate, Botad in Criminal Misc. Application No.221 of 2019 filed under Section 127 of the CrPC as well as the judgment dated 21.06.2022 passed by the learned Principal District Judge, Botad in Criminal Revision Application No.92 of 2021 filed under Section 397 of the CrPC.
Even, going through the order dated 10.09.2025, it appears that this Court had recorded submission made by the learned APP and as the orders of trial Courts, which are not amenable to writ jurisdiction in exercise of powers under Article 226 of the Constitution, were challenged, this Court declined to exercise such discretion and offered an opportunity to the learned advocate for the applicant to file appropriate proceeding. Even, perusing the cause title of Special Criminal Application No.10414/2022, it mentions "matter under section 482 of the Criminal Procedure Code, 1978 and/or article 226 of the Constitution of India" and hence, as the impugned orders were not challenged under Article 227 of the Constitution of India, question does not arise to exercise the supervisory jurisdiction.
In view of above, order dated 10.09.2025 was passed and liberty was given to the applicant to file appropriate proceeding as at relevant point of time, Court did not even have roster to conduct matter under Section 482 of the CrPC or under Section 528 of the BNSS.
In wake of aforesaid facts and in view of the law laid down by the Hon'ble Supreme Court in the case of Raghunath Sharma vs. The State of Haryana reported in 2025 INSC 723, no case for recall of the order dated 10.09.2025 passed in SCR.A No.10414/2022 is made and present application is accordingly dismissed.
(HASMUKH D. SUTHAR, J.) Ajay Page 2 of 2 Uploaded by MR. AJAY C MENON(HC00939) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 04:35:47 IST 2025