##PAGE1##

NEUTRAL CITATION

R/SCR.A/620/2026 JUDGMENT DATED: 24/03/2026

0.41896052861494226

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 620 of 2026

FOR APPROVAL AND SIGNATURE: sd/-

HONOURABLE MR. JUSTICE M. R. MENGDEY

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

Approved for Reporting Yes No ✔

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

RAGHAV JAYESH SOLANKI Versus

STATE OF GUJARAT & ANR.

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

Appearance:

MS KRUTI SHAH for MR JAY N SHAH(10668) for the Applicant(s) No. 1 MS. KRINA P. CALLA, APP for the Respondent(s) No. 1

MR DEEP P KOTAK for the Respondent no.2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

Date : 24/03/2026

JUDGMENT

1. By filing present petition under article 226 and 227 of the constitution of India the petitioner has played for the

following reliefs : -

(A) Your Lordships may be pleased to issue an appropriate writ, order or direction for quashing and setting aside order dated 15.02.2025 passed by the learned 5th Additional Chief Judicial Magistrate, Bhuj below application Exh.71 in Criminal Case no.2409 of 2023 (Annexure-K), presented under Section 239 of the Code of Criminal Procedure, 1973 and the order dated 17.12.2025 passed by the

Page 1 of 12 Uploaded by NABILA A. VHORA(HC00630) on Wed Apr 08 2026 Downloaded on : Sat Apr 11 19:35:44 IST 2026

NEUTRAL CITATION

R/SCR.A/620/2026 JUDGMENT DATED: 24/03/2026

0.41896052861494226

learned 7th Additional Sessions Judge, Bhuj-Kutch in Criminal Revision Application No..30 of 2025 (Annexure-L), arising out of FIR bearing CR no. 11205043230148/2023 registered with Bhuj City "B" Division Police Station, District Kutch (West) on 20.02.2023, for the offence under Sections 380, 454, 457 and 114 of the Indian Penal Code, 1860 and charge-sheet no. A-Part 65/2023 dated 15.04.2023 and Criminal Case no. 2409 of 2023 pending before the learned Additional Chief Judicial Magistrate, Bhuj-Kutch; and further be pleased to allow the application Exh.71 presented under Section 239 of the Code of Criminal Procedure, 1973 in Criminal Case no. 2409 of 2023 by discharging the petitioner

from all the charges leveled against him.

(B) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay the further proceedings of Criminal Case no. 2409 of 2023 pending before the learned Additional Chief

Judicial Magistrate, Bhuj-Kutch;

(C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay the execution, implementation and operation of the order dated 15.02.2025 passed by the learned 5th Additional Chief Judicial Magistrate, Bhuj below application Exh.71 in Criminal Case no.2409 of 2023 (Annexure-K), presented under Section 239 of the Code of Criminal Procedure, 1973 and the order

Page 2 of 12 Uploaded by NABILA A. VHORA(HC00630) on Wed Apr 08 2026 Downloaded on : Sat Apr 11 19:35:44 IST 2026

NEUTRAL CITATION

R/SCR.A/620/2026 JUDGMENT DATED: 24/03/2026

0.41896052861494226

dated 17.12.2025 passed by the learned 7^th Additional Sessions Judge, Bhuj-Kutch in Criminal

Revision Application No..30 of 2025 (Annexure-L);

(D) Your Lordships may be pleased to grant any other relief which deems fit and proper in the interest of

justice.

2. The facts and circumstances giving rise to filing the present petition are such that the FIR being C.R. No.1120 5043230148 came to be registered with 'B' Division Police Station, Bhuj city on 20^th February, 2023 for the offence punishable under section 380, 454, 457, 114 of the IPC

against the petitioner and other co-accused.

3. The Investigating agency carried out the investigation into the offence and filed the Charge-sheet against the co- accused including the present petitioner. Thereafter, the petitioner submitted an application before the learned trial court vide Exhibit-71 under Section 239 of Cr.P.C. claiming to be di