SAJEEV BHARGAV EZHAVAversusSTATE OF GUJARAT
- Disposal
- 37-DISMISSED FOR DEFAULT @ ADMISSION
- Bench
- HASMUKH D SUTHAR
Holding
The recall application is dismissed as there is no prosecution and no case under the cited statutory provisions.
Summary
The applicant sought to recall the High Court's order dated 05.08.2024 which had permitted withdrawal of a petition and granted liberty to file appropriate proceedings against a Judicial Magistrate's order. The applicant's counsel was absent while the public prosecutor and respondent counsel appeared. The Court examined whether the recall could be entertained, noting the absence of any prosecution and finding no cause of action under Section 362 of the Code of Criminal Procedure or Section 403 of the Bharatiya Nagarik Suraksha Sanhita. Relying on the Supreme Court's decision in Raghunath Sharma v. State of Haryana (2025 INSC 723), the Court held that the recall application could not be entertained. Consequently, the application for recall was dismissed.
Issues considered
- Whether the order granting withdrawal of the petition can be recalled.
- Whether a prosecution exists to justify recalling the order.
- Whether Section 362 of the CrPC or Section 403 of the Bharatiya Nagarik Suraksha Sanhita applies.
- Relevance of the Supreme Court precedent Raghunath Sharma v. State of Haryana.
Legislation cited
Subjects
Judgment
R/CR.MA/25178/2024 ORDER DATED: 13/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (RECALL) NO. 25178 of 2024
In R/SPECIAL CRIMINAL APPLICATION/861/2021
==============================================
SAJEEV BHARGAV EZHAVA
Versus
STATE OF GUJARAT & ORS.
==============================================
Appearance:
MR KR KOSHTI(1092) for the Applicant(s) No. 1
MR.VISHAL J DAVE(6515) for the Applicant(s) No. 1
MR JAY N SHAH(10668) for the Respondent(s) No. 6
NOTICE SERVED for the Respondent(s) No. 10,2,3,4,5,7,8,9
MR HARDIK DAVE, LEARNED PUBLIC PROSECUTOR with MS SHRUTI
PATHAK, LEARNED APP for the Respondent(s) No. 1
==============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/02/2026
ORAL ORDER
1) By way of present application the applicant has sought recall of the
order dated 05.08.2024 passed by this Court in Special Criminal
Application No.861 of 2021.
2) Today, when the matter is called out the learned Advocate for the
applicant remained absent. Heard Mr. Hardik Dave, learned Public
Prosecutor with Ms. Shruti Pathak, learned APP for the respondent
– State.
3) The order dated 05.08.2024, passed by this Court, reads as under:
“On instructions, the learned advocate for the
petitioner seeks permission to withdraw the present petition
at this stage, with liberty to file appropriate proceedings
against the order passed by the learned Judicial Magistrate in
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R/CR.MA/25178/2024 ORDER DATED: 13/02/2026
the Criminal Inquiry.
Permission as prayed for is granted. The petitioner
stands disposed of as withdrawn with above liberty.
It is clarified that this Court has not gone into the
merits of the case.”
4) In view of the above, question does not arise to recall the order
dated 05.08.2024, for want of prosecution, even otherwise no case
is made out in light of Section 362 of the Code of Criminal
Procedure / Section 403 of the Bharatiya Nagarik Suraksha Sanhita,
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.
5) Accordingly, the present application is dismissed.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 13/02/2026 15:59:27
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