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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J
ISHWARBHAI TEKCHAND DADLANI – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. seeking quashing of lower court's order. (Para 1 , 2) |
| 2. argument against improper release without hearing. (Para 3) |
| 3. analysis of judicial oversight and non-application of mind. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 4. judicial principles on due process in property release. (Para 10) |
| 5. conclusion upholding session's court ruling. (Para 11) |
ORAL ORDER
1. The petitioner has preferred this petition seeking to invoke the extraordinary jurisdiction of this Hon’ble Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India, as well as inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”) [corresponding to Section 482 of the Code of Criminal Procedure, 1973 ], praying to quash and set aside the order dated 26.07.2024 passed by the 8th Additional Sessions Judge, Bhuj- Kachchh in Criminal Revision Application No. 28 of 2024, and further to issue directions for release of muddamal amount of Rs. 20,50,000/- lying in fixed deposit before the learned Trial Court in favour of the applicant.
2. The facts of the case are that, on 01.02.2022, an FIR being C.R. No. 110/2022 was registered at B Division P
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