Modification of Order dtd.

undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12593 of

2025 [On note for speaking to minutes of order dated 15/09/2025 in R/SCR.A/12593/2025 ]

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SOAHEBMAHMMAD USMANGANI VAHORA & ANR.

Versus STATE OF GUJARAT & ANR.

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Appearance:

BHAVIN B THAKAR(9371) for the Applicant(s) No. 1,2 MR. K. B. PATEL(16319) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ============================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 23/09/2025

ORAL ORDER

Perused the note for speaking to minutes.

In paragraph no.5 of order dated 15.09.2025 words “learned Sessions Judge” be substituted with words “learned Sessions Judge, Kheda”. In second line of the same paragraph, Year “2023” be substituted with year “2025”.

After paragraph no.5 new paragraph “6. Though earlier vide order dated 29.07.2025 the learned Sessions Judge was directed to decide the matter expeditiously, but the same is not decided, therefore, once again the learned Sessions Judge is directed to decide the matter expeditiously. Direct service is permitted.” be added. Rest of the order shall remain as it is.

Present note for speaking to minutes is disposed of in aforesaid terms.

Registry is directed to issue fresh writ accordingly.

ANKIT undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12593 of 2025 ==========================================================

SOAHEBMAHMMAD USMANGANI VAHORA & ANR.

Versus STATE OF GUJARAT & ANR.

==========================================================

Appearance:

BHAVIN B THAKAR(9371) for the Applicant(s) No. 1,2 MR. K. B. PATEL(16319) for the Applicant(s) No. 1 MR KRUTIK PARIKH, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 15/09/2025

ORAL ORDER

1. Heard learned advocates for the respective parties.

2. It appears that the main contention of the learned advocate for the petitioner is that the judicial proceedings have already been challenged on the ground that the Gujarat Essential Articles (Dealers’ Regulation) Order, 1977 stands repealed, and therefore, no proceedings can be initiated under Sections 3 and 9 of the said Order or under Section 3 of the Essential Commodities Act. The learned Revisional Court, however, was not inclined to accept the said contention or to interfere in the matter by passing any order under the Essential Commodities Act.

3. It is needless to say that once the learned Sessions Judge has dealt with the subject matter, no question arises of passing any further order at this stage either under Sections 3 and 9 of the Gujarat Essential Articles (Dealers’ Regulation) Order, 1977 or under Section 3 of the Essential Commodities Act.

4. Insofar as the proceedings under the provisions of the IPC are concerned, let Notice be issued, returnable on 10.10.2025 Learned APP waives service of notice for the respondent-State.

Respondent No.2 be served through concerned police station.

5. However, the learned Sessions Judge is directed to expedite the hearing of Criminal Revision Application No. 413 of 2023 and to decide the same independently, on its own merits, without being influenced by any observations made by this Court.

ALI