ORAL ORDER

Present note for speaking to minutes is filed stating that the petitioner has not challenged the order of this Court and has sought to amend the order to include no coercive steps in the order and has requested to pass appropriate order.

Herein, the petitioner instead of challenging the order dated

04.09.2025 passed in Special Criminal Application No.12041 of 2025, by way of filing appropriate proceeding, the petitioner has filed note for speaking to minutes. However, in view of judgment of Hon’ble Supreme Court in the case of Raghunath Sharma Vs. State of Haryana reported in 2025 INSC 723, and in case of Akhil Bhartvarshiya Marwari Agarwal Jatiya Kosh & Ors., Vs. Brijlal Tibrewal & Ors., reported in 2019 2 SCC 684, a note for speaking to Minutes is required to be entertained only for the limited purpose of correcting a typographical error or an error through oversight, which may have crept in while transcribing the original order. A note for speaking to Minutes cannot be considered at par with an application for clarification / modification of an order.

If the petitioner wants to challenge the said order then he has to file appropriate proceeding before the appropriate Court.

In view of above facts, the note dated 04.09.2025 filed by the learned Advocate for the petitioner does not fall within the purview of “note for speaking to minutes”. Accordingly, present note for speaking to minutes is dismissed (HASMUKH D. SUTHAR,J)

Kaushal Rathod

NEUTRAL CITATION

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12041 of 2025 ==========================================================

PRAKASHBHAI RAMESHBHAI SAGAR & ANR.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR NISHIT H SHAH(10712) for the Applicant(s) No. 1,2 PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 04/09/2025

ORAL ORDER

Issue NOTICE making it returnable on 07.10.2025 Learned APP waives service of notice for and on behalf of respondent No.1 – State of Gujarat.

Respondent No.2 to be served through the concerned police station.

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