High Court of Gujarat

VAKHATSINH AAITABHAI PARMARversusSTATE OF GUJARAT

Disposal: 46-ANY OTHER MODE @ FH
Bench: HASMUKH D SUTHAR

Holding

The revision is dismissed; the High Court does not set aside the Sessions Court’s order and directs the trial court to expedite the trial.

Summary

Vakhatsinh Aaitabhai Parmar, the original complainant, filed a criminal revision under Sections 397 and 401 of the Code of Criminal Procedure, 1973, challenging the Principal Sessions Judge’s order dated 23‑11‑2015 that dismissed his application for further investigation under Section 173(8). The High Court noted that the lower court relied on the precedent set in Reeta Nag v. State of West Bengal and reiterated that further investigation may be sought under Section 319 during the trial if new evidence emerges. The Court declined to examine the merits of the case, disposed of the revision, and directed the trial court to expedite the proceedings. It also vacated any interim relief previously granted and ordered the record to be sent back to the Sessions Court. Consequently, the revision application was dismissed without setting aside the lower court’s order.

Issues considered

Whether the order dismissing the application for further investigation under Section 173(8) can be set aside on revision.
Whether the High Court can direct further investigation under Section 319 of the CrPC in the present circumstances.

Legislation cited

Code of Criminal Procedure, 1973s. 173, s. 319, s. 397, s. 401

Subjects

revisionfurther investigationSection 173(8)Section 319Criminal Procedure CodeHigh Courttrial expediting

Judgment

     R/CR.RA/754/2015                               JUDGMENT DATED: 04/05/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL REVISION APPLICATION (AGAINST ORDER
        PASSED BY SUBORDINATE COURT) NO. 754 of 2015


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

============================================

             Approved for Reporting                Yes          No

============================================
               VAKHATSINH AAITABHAI PARMAR
                             Versus
                  STATE OF GUJARAT & ORS.
============================================
Appearance:
MR SHUSHIL R SHUKLA(5603) for the Applicant(s) No. 1
MR AKHTAR N MALEK(3382) for the Respondent(s) No. 2,3,4
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
============================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 04/05/2026

                                 JUDGMENT

1)       By way of present revision application under Sections 397 and

         401 of the Code of Criminal Procedure, 1973, the applicant has

         sought following relief:-

                 “B) The Hon’ble Court may be pleased to call for the
                 Records and Proceedings of the Sessions Case No.28 of
                 2015 from the Court of the Learned Principal Sessions
                 Judge, Kheda at Nadiad and further be pleased to Quash
                 and set aside the Judgment and Order dated 23.11.2015
                 passed below Exh. 13 and be further pleased to grant the
                 Further Investigation in the peculiar facts and
                 circumstances of the present case.”


                                     Page 1 of 3
     R/CR.RA/754/2015                                       JUDGMENT DATED: 04/05/2026




2)       The applicant - original complainant has assailed the order dated

         23.11.2015 below Exhibit 13, in Sessions Case no.28 of 2015

         passed by the learned Principal Sessions Judge, Kheda – Nadiad,

         whereby,       the   learned   Sessions      Judge    has      dismissed    the

         application     of   the   applicant     seeking     further    investigation.

         Perusing the order passed by the learned Sessions Judge it

         appears that in light of Reeta Nag Vs. State of West Bengal,

         reported in LAWS (SC) 2009-8-82, application filed under

         Section 173(8) of the Code of Criminal Procedure, came to be

         dismissed.


3)       However, it is kept open for the prosecution to lead the evidence

         before the learned trial Court and if during recording of the

         evidence, if any evidence is lead before the learned trial Court,

         then it is always kept open for the complainant / prosecution to

         invoke the provision of Section 319 of the Code of Criminal

         Procedure and at that event the concerned trial Court has to

         take appropriate recourse under Section 319 of the Code of

         Criminal Procedure.


4)       With the aforesaid direction, the present revision application

         stands disposed of. It is made clear that this Court has not

         gone into the merit of the case.




                                        Page 2 of 3
     R/CR.RA/754/2015                                                              JUDGMENT DATED: 04/05/2026




5)        The learned trial Court is directed to expedite the trial of the

          case.


6)        Interim relief granted earlier stands vacated. Record and

          proceedings, if any, be sent back to the concerned Court

          forthwith.



                                                                           (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 04/05/2026 14:50:10




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