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2025 Supreme(Online)(Guj) 8653

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J
AARIF GULMAMADBHAI MIR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR KRUNAL L SHAHI, MR ZUBIN BHARDA
For the Respondents: MR ADITYA JADEJA, APP

ORAL ORDER

[1.0] RULE. Learned APP waives service of notice of Rule for and on behalf of respondent No.1 – State of Gujarat.

[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 petitioners have sought for the following relief:

“YOUR LORDSHIPS be pleased to quash and set aside the order dated 09/01/2025 passed by the Ld. Principal District and Sessions Judge (Designated Court GUJCTOC), Rajkot (Annexure-F) rejecting Criminal Misc. Application No.4083/2024 and in turn be pleased to allow the said application and order transfer of the petitioner No.1 from Sabarmati Central Jail, Ahmedabad to Rajkot Central Jail or in Morbi District Jail and transfer the petitioner No.2 from Vadodara Central Jail to Rajkot Central Jail or to Morbi District Jail which would meet the ends of justice;”

[3.0] At the outset, it is worth to mention that during the pendency of present petition, petitioner No.2 – Kadar @ Bachchan Ganibhai Kureshi has been enlarged on bail and now, he is no more in judicial custody. Hence, learned advocate for the petitioners does not press the present peti

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