Bhikhubhai Govindbhai Patel vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(SC) 580

SANJAY KAROL, VIPUL M. PANCHOLI
Bhikhubhai Govindbhai Patel – Appellant
Versus
State of Gujarat – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Vishal Arun Mishra, AOR Ms. Rupali Panwar, Adv. Mr. Garv Vikas, Adv. Mr. Sandeep Mehta, Adv. Mr. Nachiketa Joshi, Sr. Adv. Mr. Aniket Vijay Seth, Adv. Ms. Sucheta Joshi, Adv. Mr. Rushabh N Kapadia, Adv. Mr. Sai Shashank, Adv. Ms. Sagrika Arya, Adv. Ms. Ruchil Raj, Adv. Mr. Ayush Anand, AOR
For the Respondent(s): Ms. Swati Ghildiyal, AOR Ms. Sonakshi Sinha, Adv. Mr. Chanchal Kumar Ganguli, AOR

JUDGMENT

VIPUL M. PANCHOLI, J.

1. Leave granted.

2. The present appeals arise out of the common judgment and order dated 07.11.2023 passed by the High Court of Gujarat at Ahmedabad in Criminal Misc. Application No. 780 of 2010 and Special Criminal Application No. 620 of 2010, whereby the High Court declined to exercise its jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the CrPC”) for quashing the criminal proceedings initiated at the instance of respondent No. 2.

3. SLP (Crl.) No. 15537 of 2023 was filed by accused Nos. 3 and 4 and SLP (Crl.) No. 16049 of 2023 was filed by accused No. 6. Since the appeals arise from a common judgment and involve interconnected facts and issues, they are being disposed of by this common judgment.

4. The brief facts as per the appellants are that the land bearing Survey No. 157 situated at Village Panas admeasuring approximately 5.5 acres was jointly purchased on 03.06.1957 by the six children of Nemabhai Patel, including the father of the appellants, Govindbhai Patel and the father of respondent No. 2, Chhaganbhai Patel. As per respondent No. 2, the said property belonged exclusively to his Hindu Undiv

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2026 Supreme(SC) 580

SANJAY KAROL, VIPUL M. PANCHOLIBhikhubhai Govindbhai Patel – AppellantVersusState of Gujarat – Respondent

Cases Referred (12)

SANJAY KAROL, VIPUL M. PANCHOLI
Bhikhubhai Govindbhai Patel – Appellant
Versus
State of Gujarat – Respondent