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2025 Supreme(Online)(Guj) 7999

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J
HIMANSHU CHANDULAL SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR NK MAJMUDAR, MR. ROHAN N MAJMUDAR
For the Respondents: MR ISHAN H RAJDEV, MR TIRTHRAJ PANDYA, APP

ORAL ORDER

1. By way of this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), the applicant has prayed to quash and set aside the order dated 03.02.2025 passed in Criminal Case No.22473 of 2020 below Exhibit49 by the learned Judicial Magistrate First Class, Surat.

2. Heard learned advocates for the respective parties.

3. It appears from the record that the grievance raised by the learned advocate for the petitioner is that the learned Magistrate has passed the order below Exhibit 49 without affording an opportunity of hearing to the petitioner. The main grievance of the petitioner is that the offence is alleged to have been committed on 12.02.2013, and although closing pursis was filed on 26.06.2023, the complainant straightaway produced certain documents on 01.12.2023 below Exhibit 25 before the learned Magistrate. In total, 13 documents were produced on 01.12.2023 by the complainant, which were marked as Exhibits 25 to 39, without granting any opportunity to the petitioner to cross- examine the witness or to offer any explanation in respect of the said documents. Being aggrieved and dissatisfied, the petitioner has approached this Court.

4. It is an

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