AJAYBHAI HARIBHAI PATELversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- ILESH VORA
Holding
The High Court set aside the impugned orders dated 03.02.2021 and vacated the interim arrangement dated 10.02.2021, directing the trial court to decide the accused’s application on its merits.
Summary
The petitioner Ajaybhai Haribhai Patel filed a special criminal application challenging the legality of orders dated 03.02.2021 (Exh 65 and 66) issued by the Additional Metropolitan Magistrate Court in Criminal Case No.29989 of 2019. The High Court, after hearing counsel for both parties, agreed to set aside those orders without delving into the substantive merits of the parties' contentions. It directed the trial court to decide the application filed by accused No.2 (Exh 67) on its merits, free from any influence of the set‑aside orders. The Court also vacated the interim arrangement dated 10.02.2021. The parties were permitted to raise any further contentions on the merits of the application. Consequently, the special criminal application was disposed of.
Issues considered
- Whether the orders dated 03.02.2021 (Exh 65 and 66) passed by the Additional Metropolitan Magistrate Court are legally valid
- Whether the interim arrangement dated 10.02.2021 should remain in force
Subjects
Judgment
R/SCR.A/1744/2021 ORDER DATED: 20/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 1744 of 2021
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AJAYBHAI HARIBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. BHADRISH S RAJU(6676) for the Applicant(s) No. 1
MR PS CHAMPANERI(214) for the Respondent(s) No. 2
MR HARDIK DAVE, PUBLIC PROSECUTOR assisted by MR.J.K. SHAH,
APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 20/02/2026
ORAL ORDER
1. I have heard learned advocates Mr.Bhadrish S. Raju, Mr.P.S.
Champaneri, Mr.H.A. Dave, learned Public Prosecutor assisted
by Mr.J.K. Shah, learned APP for the State.
2. By way of this application, the applicant has questioned the
legality and validity of the impugned orders dated 03.02.2021
passed below Exhs.65 and 66 in Criminal Case No.29989 of 2019
pending before the Additional Metropolitan Magistrate Court
No.13, Ahmedabad.
3. With the consent of both the parties, and without entering into the
merits of the contentions raised by the parties, the impugned
orders dated 03.02.2021 passed below Exhs.65 and 66 in
Criminal Case No.29989 of 2019 are hereby set aside. The Trial
Court shall decide the application (Exh.67) filed by the accused
no.2, on its own merits, in accordance with law, without being
influenced of the setting aside of the impugned order passed
below Exhs.65 and 66, by this Court.
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R/SCR.A/1744/2021 ORDER DATED: 20/02/2026
4. It is open for the parties to raise all the contentions on merits
against the application Exh.67.
5. With this observation, this application stands disposed of. The
order of interim arrangement dated 10.02.2021 stands vacated.
(ILESH J. VORA,J)
Rakesh/
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 20/02/2026 17:37:44
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