PRAHALDBHAI APAJI SHANKHLAversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- M R MENGDEY
Holding
The High Court cannot recall its earlier order in accordance with the Apex Court’s precedent, and therefore the petition to quash the FIR is dismissed, with the matter referred to the Registrar General for action against the P.P.S.
Summary
The petitioner sought the High Court's permission to convert a pending criminal petition into a Criminal Miscellaneous Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after cognizance of the offence had already been taken. The Court initially allowed this conversion on 13.01.2026, but the concerned P.P.S. erroneously transcribed the order as if it quashed the FIR and placed it for signature, which was signed. The petitioner raised the issue before the Court, invoking the Apex Court’s decision in Rambali Sahni v. State of Bihar, arguing that the earlier order should not be recalled. The Court held that, in light of the Apex Court judgment, it would be improper to recall the 13.01.2026 order. Consequently, the Court directed that the matter be placed before the Registrar General for appropriate action against the P.P.S. and disposed of the note without granting the quash order. The application to quash the FIR was therefore not entertained.
Issues considered
- Whether the High Court can recall its earlier order permitting conversion of the petition into a Criminal Miscellaneous Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the order purportedly quashing the FIR is valid in view of the Apex Court’s decision in Rambali Sahni v. State of Bihar.
- What remedial action, if any, should be taken against the P.P.S. for transcribing and signing an erroneous order.
Legislation cited
Subjects
Judgment
R/SCR.A/552/2026 ORDER DATED: 27/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 552 of 2026
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PRAHALDBHAI APAJI SHANKHLA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SATYAJIT S SONAGARA(12218) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 27/01/2026
ORAL ORDER
1. The matter was on board before this Court on 13.01.2026.
Learned advocate appearing for the petitioner had sought
permission of this Court to convert the present petition into a
Criminal Misc. Application under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 as pending the application, the
cognizance of the offence had already been taken. This Court
had therefore dictated the order permitting the petitioner to
convert the present petition into a Criminal Misc. Application
under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023. However, the concerned P.P.S. has transcribed the order
allowing the present petition and quashing the FIR in question
and had put up the order for signature, which was duly signed.
2. In view of the judgment of the Hon’ble Apex Court in case
of Rambali Sahni V/s State of Bihar passed in Criminal Appeal
No.105 of 2026 @ Special Leave Petition (Criminal) No.357 of
2026 @ Diary No.72999/2025, it would not be proper for this
Court to recall order dated 13.01.2026. However, this order shall
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R/SCR.A/552/2026 ORDER DATED: 27/01/2026
be placed before the Registrar General for taking appropriate
action against the P.P.S. in question.
3. Accordingly, the note is disposed of.
(M. R. MENGDEY,J)
AHS
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT SONAGARA(HCD0079), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 28/01/2026 11:47:29
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