IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 8233 of 2025 ==========================================================

RAHUL VIRENDRA MODI & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR. BHADRISH S. RAJU WITH MR DM DEVNANI(5880) for the Applicant(s)

No. 1,2,3 MR VM DHOTRE(1089) for the Applicant(s) No. 1,2,3 MR. MAYUR V DHOTARE(7019) for the Applicant(s) No. 1,2,3 NOTICE SERVED for the Respondent(s) No. 2,3,4,5 MR. ROHAN SHAH, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 09/02/2026

ORAL ORDER

1. Rule. Learned APP waives service of notice for and on behalf of the respondent – State.

2. By filing the present petition under Article 226 of the Constitution of India and Section 528 of BNSS, 2023, the petitioners have prayed for the following reliefs: -

“A. YOUR LORDSHIP be pleased to admit and allow this Application;

B. YOUR LORDSHIP be pleased to issue writ of mandamus and/or any other appropriate writ directing to consolidate and club said FIRs i.e. FIR No. 1/43/2019 dated 30.05.2019 at B Division, Himmatnagar Police Station and FIR No. 1/154/2019 dated 13.09.2019 at B Division, Junagadh Police Station with FIR No. 1/8/2019 dated 20.08.2019 at CID Crime, Gandhinagar Police Station.

BB. YOUR LORDSHIP be pleased to STAY the subsequent FIRs i.e. FIR No. 1/43/2019 dated 30.05.2019 at B Division, Himmatnagar Police Station and FIR No. -I/154/2019 dated 13.09.2019 at B Division, Junagadh Police Station.

C. YOUR LORDSHIP be pleased to issue writ of mandamus and/or any other appropriate writ directing to treat Chargesheets ie. Chargesheet No. 67/2019 2019 dated 13.11.2019 at B Division, Himmatnagar Police Station, and Chargesheet No. 9/2020 dated 08.02.2020 at B Division, Junagadh Police Station as supplementary chargesheets with main Chargesheet being chargesheet No. - 14/2019 dated 21.11.2019 investigated by CID Crime, Gandhinagar Police Station.

D. YOUR LORDSHIP may be pleased to grant an ad-interim relief directing to stay in the trials/proceedings arising out of FIR No. 1/43/2019, FIR No. 1/8/2019 and FIR No. 1/154/2019 and no coercive action against the Applicants, till the final outcome this Application;

E. YOUR LORDSHIP may be pleased to direct no coercive action on any future FIR, and in event and in event of any future FIR, it should be investigated by the same Investigating agency in which FIR stands clubbed and consolidated with FIR No. 1/8/2019 dated 20.08.2019 at CID Crime, Gandhinagar Police Station.

F. YOUR LORDSHIPS may be pleased to dispense with the Affidavits of Applicant No. 1 & 3 as presently they are in Jodhpur Central Jail.

G. YOUR LORDSHIP may be pleased to pass any other and further order be passed in the interest of justice.”

3. The facts and circumstances giving rise to the filing of the present petition are such that three different FIRs came to be lodged with three different Police Stations of the State for offences punishable under Sections 420, 406 and 120B of the IPC and Section 3 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act. 2003. The first offence being CR. No.I/43/2019 came to be registered with ‘B’ Division Police Station, Himmatnagar and another offence being CR. No.I/54/2019 came to be registered with ‘B’ Division Police Station, Junagadh and the third offence being CR. No.I/8/2019 came to be registered with CID Crime Police Station, Gandhinagar. It is the case of the petitioners that all the three offences are arising out of the same transactions. Several such offence have been registered in other States of India, and therefore, the petitioners had approached the Hon’ble Apex Court for consolidation of all the FIRs together at one place in the country. However, since the Hon’ble Apex Court was not inclined to grant the relief, the petitioners herein had withdrawn the said pet