IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (RECALL) NO. 17303 of 2025 In R/CRIMINAL REVISION APPLICATION/674/2021 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE L. S. PIRZADA ================================================================

Approved for Reporting Yes No ================================================================ JOLLYBEN W/O ANUJBHAI VINODBHAI BHATT AND D/O HASMUKHBHAI MANIYAR Versus STATE OF GUJARAT & ORS.

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Appearance:

MR D K TRIVEDI(5283) for the Applicant(s) No. 1 PARTY IN PERSON(5000) for the Respondent(s) No. 2 MR NIRAJ SHARMA, APP for the Respondent(s) No. 1 SAN ASSOCIATES LLP(8655) for the Respondent(s) No. 3,4 ================================================================

CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 20/02/2026

ORAL JUDGMENT

1. Issue Rule, returnable forthwith. Learned Assistant Public Pleader Mr.Niraj Sharma waives service of Rule on behalf of respondent – State.

2. The present application has been preferred by the applicant to recall the order dated 11.07.2025 passed by this Court in Criminal Revision Application No.674 of

2021.

3. The facts giving rise to the present application are that the present applicant had preferred Criminal Revision Application No.674 of 2021 before this Court, challenging the Judgment and Order dated 16.07.2019 passed by the learned Additional Sessions Judge, City Civil and Sessions Court, Bhadra, Ahmedabad in Criminal Appeal No. 151 of 2019, whereby the order dated 28.01.2019 passed below Exh. 3 by the learned Additional Chief Metropolitan Magistrate, Court No. 22, Ahmedabad in Domestic Misc. Application No. 191 of 2018 came to be confirmed. The learned Magistrate had rejected the application preferred by the present applicant, and the said order was thereafter confirmed by the learned Sessions Court in appeal preferred under Section 29 of the Protection of Women from Domestic Violence Act, 2005.

4. Notice was issued to respondent No. 1. In response thereto, respondent No. 1 appeared as party-in-person and filed his affidavit-in-reply.

5. Learned advocate Mr.D.K. Trivedi appearing for the applicant was heard at length. He submitted that the applicant and respondent No. 1 are husband and wife and that the applicant had initiated proceedings under the Protection of Women from Domestic Violence Act, 2005 by filing Domestic Criminal Misc. Application No. 191 of 2018 before the learned Magistrate. In the said proceedings, an interim application below Exh. 3 came to be preferred under Section 17 of the Act seeking relief in respect of the shared household, which came to be rejected by the learned Magistrate vide order dated 28.01.2019. The said order was challenged by way of Criminal Appeal No. 151 of 2019 before the learned Sessions Court, which came to be dismissed and the order of the learned Magistrate was confirmed. Hence, the applicant preferred Criminal Revision Application No.

674 of 2021 before this Court.

5.1 It is further submitted that in the very same Domestic Misc. Application No. 191 of 2018, another application below Exh. 13 was preferred under Section 23(2) of the Act seeking interim maintenance, which also came to be rejected by the learned Magistrate vide order dated 10.06.2019. The said order was challenged by preferring an appeal under Section 29 of the Act being Criminal Appeal No. 507 of 2019 before the Sessions Court, which also came to be dismissed by judgment dated 17.01.2020 confirming the order of the learned Magistrate. The applicant, therefore, preferred Criminal Revision Application No. 673 of 2021 challenging the aforesaid orders.

5.2 Learned advocate Mr. Trivedi further submitted that in Criminal Revision Application No. 674 of 2021, this Court (Coram: Hon’ble Mr. Justice Samir J. Dave) had, vide order dated 20.10.2022, directed the parties to maintain status quo with regard to the residential property situated at Paldi, Ahmedabad. It is cont