Gujarat High Court
Geetaben Ishwarbhai Chaudhary vs State Of Gujarat on 22 July, 2025
NEUTRAL CITATION
R/CR.MA/14389/2025 ORDER DATED: 22/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (DIRECTION) NO. 14389 of 2025
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GEETABEN ISHWARBHAI CHAUDHARY
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 22/07/2025
ORAL ORDER
[1.0] By way of present petition under Section 528 of the BNSS, the
petitioner has prayed for the following relief:
"(B) YOUR LORDSHIPS be pleased to direct the learned 6 th Additional Judicial
Magistrate, First Class, Mehsana, to accept the application under Section
389(3) of the Code of Criminal Procedure, and decide the application in
accordance with law."
[2.0] 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 01.04.2025 and petitioner has filed the present
petition in July, 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
NEUTRAL CITATION
R/CR.MA/14389/2025 ORDER DATED: 22/07/2025
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pleased to observe in Head-note B as under:
"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)"
[2.1] 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].
[3.0] 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.
(HASMUKH D. SUTHAR,J)
SUCHIT
