Reserved On : 16/01/2026 Pronounced On : 03/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 8358 of 2023 With CRIMINAL MISC.APPLICATION (FOR INTERIM RELIEF) NO. 2 of 2023 In R/SPECIAL CRIMINAL APPLICATION NO. 8358 of 2023 With CRIMINAL MISC.APPLICATION (DIRECTION) NO. 2 of 2024 In R/SPECIAL CRIMINAL APPLICATION NO. 8358 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE M. R. MENGDEY ==========================================================

Approved for Reporting Yes No ==========================================================

VISHWAS SUDHANSHU BHAMBURKAR Versus STATE OF GUJARAT & ORS.

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Appearance:

PARTY IN PERSON(5000) for the Applicant(s) No. 1 MR. HARDIK DAVE, PUBLIC PROSECUTOR for the Respondent(s) No. 1 MR. H.K.PATEL, APP SERVED BY RPAD (N) for the Respondent(s) No. 2,3,4,5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

CAV JUDGMENT

1. The Registry has provided Video Footage of hearing of this matter which had taken place on 16.01.2026 in the Pen drive and the same is also placed on record.

2. By filing the present petition under Article 226 and 227 of the Constitution of India read with Sections 482 of the Cr.P.C. and Section 401 pf Cr.P.C., the petitioner Party-in-

Person has prayed for the following reliefs:-

(A) adjudicate the questions of law raised in para 3 of the present petition.

(B) issue an appropriate writ, order or direction directing the Police Respondents to place on record of this Hon'ble Court on affidavit, the General Diary/Station Diary/Daily Diary as directed in sub-paras (ii), (vii) and (viii) of para 111 of (2014) 2 SCC 1, Lalita Kumari versus State of Uttar Pradesh & Ors.;

(C) issue an appropriate writ, order or direction directing Respondent No. 1 to take action, especially under section 166A of the Indian Penal Code as directed in sub-para (iv) of para 111 of (2014) 2 SCC 1, Lalita Kumari versus State of Uttar Pradesh & Ors.;

(D) pass a reference to the Hon'ble Supreme Court of India with regard to the contempt of court on the part of the Ld Chief Judicial Magistrate (Mr.P. B. Patel) at Surat who has passed the impugned order dated 30.06

2023 in CrMA J/2/2023 (E) pass appropriate orders to send the Ld. Chief Judicial Magistrate (Mr. P. B. Patel) at Surat who has passed the impugned order dated 30.06.2023 in CrMA J/2/2023 for training since he seems unaware of the law of the land, is not only not up to date with judgments which are over 13 years old, but also displays the propensity to misread and misinterpret the directions of none less than the Hon'ble Supreme Court of India, (F) quash and set aside the impugned order dated

30.06.2023 passed by the Ld. Chief Judicial Magistrate at Surat in CrMA J/2/2023;

(G) issue a writ of mandamus and/or any other appropriate writ, order or direction directing the Police Respondents herein to immediately lodge an F.I.R. as contemplated under Section 154 of Code of Criminal Procedure, 1973 and reiterated and settled vide para 111(i) of (2014 2 SCC 1, Lalit Kumari versus State of Uttar Pradesh and Others by way of interim relief;

(G)(i) pending final outcome of the present petition, proceedings in Cr.M.A. No.J/2/2023 before the learned Chief Judicial Magistrate at Surat may kindly be stayed in the interest of justice by way of interim relief.

3. The facts and circumstances giving rise to filing the present petition are such that the Airport Authority of India had granted NOC for construction of buildings for the areas nearing the Surat Airport. Upon verification it was found that the construction put up on the sites on the basis of the NOC granted by Airport Authority of India had deviated from the site mentioned in the NOC and such deviation was ranging from42 meters to 1600 meters. The PIL being Writ Petition No.633 of 2019 has been filed by the petitioner before this Court and the same is still pending.

4. The