Gujarat High Court
Pravinbhai Haribhai Soni vs State Of Gujarat on 15 September, 2025
NEUTRAL CITATION
R/CR.RA/942/2019 ORDER DATED: 15/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR MUDDAMAL) NO. 942 of
2019
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PRAVINBHAI HARIBHAI SONI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS. KRUTI M SHAH(2428) for the Applicant(s) No. 1
MR TUSHAR CHAUDHARY(5316) for the Respondent(s) No. 2
MR H K PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 15/09/2025
ORAL ORDER
1. This present Criminal Revision Application is filed by the
petitioner invoking the provisions of Section 397 read with Section 401
of the Code of Criminal Procedure aggrieved and dissatisfied by the order
passed below Exhibit-37 in Criminal Misc. Application No.28 of 2017 by
the learned Judicial Magistrate, First Class, Khergam.
2. The petitioner moved an application before the learned trial Court
is filed under the provisions of Section 451 of Cr.P.C., seeking muddamal
in question seized in connection with the FIR C.R. No.I-110/2010 with
Chikhli Police Station, District Navsari for the offence punishable under
Sections 457 and 380 of IPC against unknown persons.
3. The said application is rejected by passing an order under
application at Exhibit-37 in Criminal Case No. 28/2017 by making
following order which is in vernacular language and translated in English
and same is reproduced hereunder:
NEUTRAL CITATION
R/CR.RA/942/2019 ORDER DATED: 15/09/2025
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"1. The application of the applicant Praveenbhai
Haribhai Soni is taken into perusal. Heard the Ld. Advocate for
the applicant.
2. The applicant, Praveenbhai Haribhai Soni, has filed
the present application to get back the muddamal on an interim
basis, which is gold weighing 240.700 milligram, seized in
connection with the crime registered vide Chikhli Police Station
C.R. No. I 10/13 under Sections 475, 380, and 114 of the Indian
Penal Code (Criminal Case No. 28/2017). Police have seized
the said muddamal and the applicant has stated that he is the
owner of the aforementioned muddamal and that the trial of
case is likely to take a long time. It is also stated that if the
muddamal is handed over on a bond, it will not cause any loss
to the Prosecution. Furthermore, it is stated that he will abide
by any conditions imposed by the Ld. Court. The applicant
Pravinbhai Haribhai has, therefore, filed the present
application to obtain interim custody of the muddamal on a
bond, subject to conditions.
3. Upon reading the charge sheet submitted in this case,
it is found that the Investigating Officer has seized the
muddamal from the accused persons. The present applicant has
requested interim custody of the muddamal, which is one gold
nugget weighing 240.700 milligram. On perusal of the
muddamal receipt and panchnama produced in this case, it is
found that the police have seized a small bar (dhalki) of gold for
which the applicant has made a request. Furthermore,
chargesheet has been already been filed in this case. The
present applicant as well as the complainant, and witness no. 9,
witness no. 10, and witness no. 3 have all filed applications for
the return of their respective muddamal and since the applicant
is requesting to get the entire muddamal, and as he has
submitted ordinary bills and their medical certificates with the
application and then, when any deficiency regarding the
muddamal may arise, a separate inquiry requires to be
conducted to complete it. Therefore, the said application is
considered pre-mature at the present stage."
4. Having heard the learned advocates appearing for the respective
NEUTRAL CITATION
R/CR.RA/942/2019 ORDER DATED: 15/09/2025
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parties and perusing the report as called for by this Court from the
concerned Magistrate, it transpires that the complainant namely Babubhai
Jinabhai Patel also moved an application seeking possession of
muddamal on 27.12.2023 which came to be disposed of while the trial of
the case in question came to be concluded vide judgment and order dated
26.04.2023.
5. Learned APP has also submitted that the present revision
application and issue raised therein does not survive in view of the
conclusion of the trial of the main case vide judgment and order dated
26.04.2023 as per the report submitted.
6. Thus, in view of the aforesaid position, present revision
applications seems to have been filed against the order passed by the
learned Magistrate with regard to the interim custody sought for by the
present petitioner and therefore, considering the subsequent event, where
the entire trial is over, nothing survives so far as the present revision
application is concerned. Hence, considering the fact that pending the
revision application, the entire trial has been concluded wherein the
muddamal article sought for by the complainant and the request thereof
have been acceded by the learned Magistrate, the present revision
application does not survive and stands disposed of as having become
infructuous. However, the only option available to the present applicant is
to avail the remedy before the concerned Magistrate Court by making
appropriate application, if permissible under the law.
(R. T. VACHHANI, J)
MAYA
