MAHEMUDABEN W/O RAFIQ HASANBHAI GHOGHARIversusSTATE OF GUJARAT
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- GITA GOPI
Holding
The revision application is dismissed.
Summary
The High Court of Gujarat heard a criminal revision application filed by Mahemudaben challenging an order of a subordinate court in a double murder case. The applicant’s counsel argued that no case existed to even frame a charge, while the Additional Public Prosecutor contended that the matter involved a double murder. After hearing both sides, the Court found no merit to entertain the revision but directed the trial court to consider Section 249 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and to allow the prosecutor to present the charge and evidence, ensuring equal opportunity for the accused. The Court ordered the trial court to conduct a proper opening of the case in conformity with the said provision. Consequently, the revision application was dismissed.
Issues considered
- Whether the revision application should be entertained
- Whether a charge can be framed in the absence of a case
- Applicability of Section 249 of the BNSS, 2023 to the proceedings
Legislation cited
Subjects
Judgment
R/CR.RA/1831/2024 ORDER DATED: 20/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1831 of 2024
==========================================================
MAHEMUDABEN W/O RAFIQ HASANBHAI GHOGHARI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR MAULIK M SONI(7249) for the Applicant(s) No. 1
MS JYOTI BHATT, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 20/03/2026
ORAL ORDER
1. Learned advocate for the applicant Mr. Maulik Soni
submits that there is no case against the present
applicant even to frame the charge.
2. Learned Additional Public Prosecutor submits that it is a
case of double murder.
3. Having heard learned advocates for the respective
parties, this Court does not %nd any reason to entertain
the present application. However, it is directed to the
learned trial Court Judge to consider the provision of
Section 249 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023, and the learned trial Court Judge is thus
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R/CR.RA/1831/2024 ORDER DATED: 20/03/2026
directed to hear the learned Public Prosecutor with regard
to opening of case in con%rmity under Section 249 of
BNSS to describe the charge brought against the accused
stating by what evidence, prosecution proposes to prove
the guilt of the accused. The learned trial Court Judge
would also give equal opportunity to the accused for
hearing of the matter.
4. With the above observations, the matter stands disposed
of as dismissed.
Sd/-
(GITA GOPI, J)
CAROLINE / DB # 37
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CAROLINE ANTHONISWAMY(HC00212), Principal pvt Secretary, at High Court of Gujarat on 20/03/2026 16:28:56
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