Dipakkumar Ratilal Deliwala vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Guj) 2062

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Dipakkumar Ratilal Deliwala – Appellant
Versus
State Of Gujarat – Respondent

Advocates Appeared:
For the Applicant : Ms Hetvi H Sancheti
For the Respondent: Aditya A Gupta, Mr. Chintan Dave Addl. Public Prosecutor

JUDGMENT :

J. C. Doshi, J.

1. The instant petition filed under Article 226 and 227 of the Constitution of India, 1950, read with Section 482 of the Criminal Procedure Code ( Cr.P.C.) 1973, seeks following reliefs :

(a) To allow this petition;

(b) To issue a writ of mandamus and/or any other appropriate writ, order or direction quashing and setting aside the Criminal Case No.89623 of 2019 pending before the learned Additional Chief Metropolitan Magistrate (NI Act) Court No.37, Ahmedabad qua the petitioners herein and pass all other consequential and further orders in that regard;

(c) To direct the respondent No.2 to bear the cost of the proceedings that have been required to be instituted on account of the malice of the respondent No.2;

(d) Pending admission, hearing and final disposal of the present petition, be pleased to stay all further proceedings of Criminal Case No.89623 of 2019 pending before the learned Additional Chief Metropolitan Magistrate (NI Act) Court No.37, Ahmedabad qua the petitioners herein;

(e) Pending admission, hearing and disposal of the present petition, be pleased to direct the respondent No.2 to withdraw the Criminal Case No.COMPL/129(C) of 2018 pending before th