[Cites 2, Cited by 0]
Gujarat High Court
Sureshbhai Kachrabhai Solanki vs State Of Gujarat on 27 February, 2026
NEUTRAL CITATION
R/SCR.A/8255/2021 JUDGMENT DATED: 27/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 8255 of 2021
With
CRIMINAL MISC.APPLICATION (FOR JOINING PARTY) NO. 1 of 2024
In R/SPECIAL CRIMINAL APPLICATION NO. 8255 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE M. R. MENGDEY
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Approved for Reporting Yes No
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SURESHBHAI KACHRABHAI SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
MS SM AHUJA(118) for the Applicant(s) No. 1
MR H K PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 27/02/2026
JUDGMENT
Order in S.Cr.A. No.8255 of 2021
1. By filing the present petition under Article 226 of the
Constitution of India, the petitioner has prayed for the following
relief:
"(A) Your Lordships may be pleased to admit
and allow this petition;
(B) Your Lordships may be pleased to issue a
writ of mandamus or certiorari or appropriate writ,
order, direction or in the nature of mandamus and /
or certiorari and
NEUTRAL CITATION
R/SCR.A/8255/2021 JUDGMENT DATED: 27/02/2026
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(1) Be pleased to hold and declare that,
the Ld. Magistrate has not followed the
provisions prescribed under the Code of
Criminal Procedure and has also violated the
Constitutional Mandate of protection given to a
citizen;
(2) Be pleased to hold and declare that
the Ld. Magistrate has acted illegally to
imprison the petitioner with extra legal motive
and such an action of the Ld. Magistrate
amounts to deprivation of personal life and
liberty;
(3) Be pleased to further hold and declare
that, the illegal imprisonment of the petitioner
has been done not in exercise of Judicial power
as conferred by and under the Code of Criminal
Procedure and therefore for the act of illegal
confinement and imprisonment, sanction is also
necessary to accord so as to enable the
petitioner to initiate appropriate available legal
recourse against the illegal action;
(4) Further be pleased to hold and declare
that the amount of Rs.2500/- compelled to be
deposited even after imprisonment is not the
amount on forfeiture of the bond of the surety
and therefore the same amount is required to
be refunded back to the petitioner treating the
said amount as his amount pure;
(5) Further be pleased to hold and declare
that the petitioner is deprived of his personal
liberty and his constitutional and legal rights
have been violated and therefore, the petitioner
is entitled to receive compensation from the
state;
(C) Be pleased to pass such other and further
orders as deem fit and proper in the interest of
NEUTRAL CITATION
R/SCR.A/8255/2021 JUDGMENT DATED: 27/02/2026
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justice."
2. The report indicates that earlier, petitioner had preferred
Special Criminal Application No.2937 of 2012 with the very same
prayer which was disposed of by this Court vide order of
22.04.2014 and it was observed by this Court that the action of
the learned Judicial Magistrate First Class, Vadnagar of illegally
ordering the surety (the petitioner herein) to undergo
imprisonment for a period of three days for no fault of his
tantamounts to abuse of process of law and miscarriage of
justice. This court had therefore directed the Registry to place
the matter before the Hon'ble Chief Justice for appropriate
orders. Thus, the relief sought for by the petitioner in the present
petition has already been adjudicated once by this Court vide
aforesaid judgement and order.
3. Therefore, the present successive petition is not
maintainable and hence, it is dismissed.
Order in IA 01/2024
In view of the disposal of the main matter, the present
Cr.M.A. No.01 of 2024 in S.Cr.A. No.8255 of 2021 also stands
disposed of.
(M. R. MENGDEY,J)
AHS
