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NEUTRAL CITATION

R/CR.MA/12305/2013 ORDER DATED: 01/04/2026

0.3343002846217855

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 12305 of 2013

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SWAMI MADHAVPRASAD GURU HARIPRASADJI & ORS.

Versus STATE OF GUJARAT

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Appearance:

MR BM MANGUKIYA(437) for the Applicant(s) No.

1,10,11,12,13,2,3,4,5,6,7,8,9 MS BELA A PRAJAPATI(1946) for the Applicant(s) No.

1,10,11,12,13,2,3,4,5,6,7,8,9 MR RONAK RAVAL, ADDL, PUBLIC PROSECUTOR for the Respondent(s)

No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

Date : 01/04/2026

ORAL ORDER

1. Learned advocate Mr. B.M. Mangukiya was not present, and as the matter has been pending since 2013, this Court deems it fit to proceed with the

matter.

2. This Court has passed following order on 25.03.2026;

“In the first round, colleague of learned advocate Mr. Mangukiya requested for pass over. Thereafter, in the second session, the colleague of learned advocate Mr. Mangukiya requested for time on the ground that due to the medical emergency, learned

advocate Mr. Mangukiya had to leave the Court.

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NEUTRAL CITATION

R/CR.MA/12305/2013 ORDER DATED: 01/04/2026

0.3343002846217855

In the interest of justice, the matter is kept on 01.04.2026 and shall be taken up in the first round, even if learned advocate Mr. Mangukiya would not

be there.”

3. Today also, when the matter is called out, learned advocate Mr. Mangukiya is absent.

4. The present application has been filed challenging the order dated 05.07.2013 passed by the learned Judicial Magistrate First Class, Gadhada, below Exh. 19 in Criminal Case No. 526 of 2007, whereby it has been held that the offences disclosed in the challan are exclusively triable by the Court of Sessions and, accordingly, the case has been committed to the Court of Sessions.The principal challenge to the impugned order is on the ground that the challan filed against the present applicant discloses offences punishable under Sections 143, 151, 186, 120-B and 34 of the IPC, which are triable by the learned Magistrate. In that view of the matter, it is contended that the learned Magistrate has committed an error

in committing the case to the Court of Sessions.

5. This Court has considered the afÏdavit filed by the Investigating OfÏcer, Jesingbhai Madhubhai Solanki, Police Inspector, Gadhada Police Station, District

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NEUTRAL CITATION

R/CR.MA/12305/2013 ORDER DATED: 01/04/2026

0.3343002846217855

Botad, who has submitted the charge-sheets in the present case. The charge-sheet forming part of the afÏdavit indicates that the first charge-sheet was filed on 18.12.2018, disclosing offences punishable under Sections 307, 397, 395, 353, 333, 332, 151, 152, 427, 435, 143, 186, 120B and 34 of the Indian Penal Code, along with Sections 3 and 7 of the Prevention of Damage to the Public Property Act, Sections 3(b)(c)(d)(f)(g)(i) and 7 of the Religious Institutions (Prevention of Misuse) Act, 1988, and Section 135 of the Bombay Police Act. Thereafter, a supplementary charge-sheet being No.78(A) of 2007 came to be filed on 18.11.2018 against certain accused persons for the very same offences. Subsequently, a separate charge-sheet dated 27.05.2007 was submitted against the present applicant for offences punishable under Sections 143, 151, 186, 120B and 34 of the Indian Penal Code. In view of the fact that the material on record discloses offences, in respect of co-accused arising out of the same FIR, which are triable exclusively by the Court of Sessions, the order of committal of the entire case to the Court of Sessions cannot be said to be erroneous. At the stage of comm