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2025 Supreme(Guj) 1245

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D.SUTHAR
Sorathiya Hareshbhai Rameshbhai – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr Bhargav Bhatt with Mr Sumit B. Sikarwar.
For the Respondents:Mr. IH Syed, SR. Advocate with Mr. Ashish M Dagli, Ms Kruti M Shah, Notice Served, Mr. Hardik Dave, Public Prosecutor with Ms. Shruti Pathak, APP.

JUDGMENT :

HASMUKH D. SUTHAR, J.

Law is the king of kings, far more powerful and right than they; nothing can be mightier than law, by whose aid, as by that of the highest monarch, even the weak may prevail over the strong.

-- Brihadaranyakopanishad (1-4.14)

[1.0] RULE. Learned APP Ms. Shruti Pathak waives service of notice of Rule on behalf of the respondent No.1 – State of Gujarat. Learned advocate Ms. Kruti Shah waives service of notice of Rule on behalf of respondent No.3 and learned advocate Mr. Ashish Dagli waives service of notice of Rule on behalf of respondent No.4. Heard learned Counsel Mr. Bhargav Bhatt assisted by learned advocate Mr. S.B. Sikarwar for the petitioner, learned Public Prosecutor Mr. Hardik Dave assisted by learned APP Ms. Shruti Pathak appearing for respondent No.1 – State of Gujarat, learned advocate Ms. Kruti Shah appearing for respondent No.3 and learned Senior Advocate Mr. I.H. Syed assisted by learned advocate Mr. Ashish Dagli for respondent No.4.

PROLOGUE:

[2.0] By way of present petition under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”), the petitioner, who is grands

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