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NEUTRAL CITATION

R/CR.RA/842/2026 JUDGMENT DATED: 24/04/2026

0.18070083777737356

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY

SUBORDINATE COURT) NO. 842 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE GITA GOPI

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Approved for Reporting Yes No

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SANJAYAKUMAR @ PETER GANGARAM PATEL

Versus

STATE OF GUJARAT

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Appearance:

MR. RAHUL R DHOLAKIA(6765) for the Applicant(s) No. 1

MR PRANAV DHAGAT, APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MS. JUSTICE GITA GOPI

Date : 24/04/2026

JUDGMENT

1. By way of this application under Section 438 read with Section

442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the

applicant has prayed for quashing and setting aside the order

dated 24.2.2026 passed below Exh.34 by the learned 3^rd

Additional Sessions Judge, Mehsana at Visnagar in Sessions

Case no. 9 of 2021 and to discharge the applicant.

2. The direction given in Criminal Misc. Application no.18312 of

2020 with Criminal Misc. Application no. 2772 of 2021 dated

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NEUTRAL CITATION

R/CR.RA/842/2026 JUDGMENT DATED: 24/04/2026

0.18070083777737356

4.8.2025 was brought to the notice of this Court, where it was

specifically directed to the learned Trial Court to conduct the

hearing under Sections 226 and 227 of the Code of Criminal

Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) by

following the judgment in the case of Manishaben Gujjugiri

Goswami v. State of Gujarat, reported in 2022 (1) GLR 133 :

2021 (2) GLR 419.

3. Learned advocate Mr. Rahul Dholakia for the applicant has

produced Rojnama of the proceedings of Sessions Case no. 9

of 2021 as called for by this Court.

4. It appears that the learned Trial Court Judge has not given

any thoughtful consideration to the order passed on 4.8.2025.

It is very unfortunate that the Trial Court Judges without even

following the process under Section 226 of the Cr.P.C. are

dealing with the trial. Section 226 mandates the Public

Prosecutor to open the case for the prosecution by describing

the charges to be brought against the accused and stating by

what evidence he proposes to prove the guilt of the accused.

5. It is at this stage the accused would have the knowledge of

the cases to be tried against him, where at this stage, under

Section 226 Cr.P.C., the Public Prosecutor would be producing

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NEUTRAL CITATION

R/CR.RA/842/2026 JUDGMENT DATED: 24/04/2026

0.18070083777737356

the list of the documents on which he places reliance to prove

the guilt of the accused. This Court vide judgment dated

11.6.2024 passed in Criminal Revision Application no. 1535 of

2019 had directed the Public Prosecutor of all the Trial Courts

to follow the judgment in the case of Manishaben Gujjugiri

Goswami (supra).

6. It appears that since long the Trial Courts are directed to

follow the provision under Section 226 of the Cr.P.C. (Section

249 of the Bharatiya Nagarik Suraksha Sanhita, 2023), inspite

of that, there has been no progress made by the Trial Courts

and at the same time, it is required to be observed that the

Public Prosecutors in the Trial Courts are not even vigilant to

follow the mandate under Section 226 of the Cr.P.C. where it

is obligatory duty on the part of the Public Prosecutor to open

the case and place everything on record proposing the

evidence to be produced to prove the guilt of the accused.

7. Here a specific mention is required to be made about the

provision under Sections 249 and 250 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as

“BNSS”), which is reproduced hereunder:-

“249. Opening case for prosecution.—