IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5601 of 2026 ===============================================================

ATUL JAIN S/O LATE SHUBHASH CHANDRA JAIN Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. JAL S. UNWALA, SENIOR ADVOCATE with MR. JAY KANSARA, ADVOCATE with MS. NISHA OJHA, ADVOCATE for M/S WADIAGHANDY AND CO(5679) for the Applicant(s) No. 1 MR. HARDIK A DAVE. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ===============================================================

With R/SPECIAL CRIMINAL APPLICATION NO. 5603 of 2026 ===============================================================

PUESH KUMAR GUPTA S/O LATE SHRI SRIKISHAN GUPTA Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. MIHIR JOSHI, SENIOR ADVOCATE with MR. JAY KANSARA, ADVOCATE with MS. NISHA OJHA, ADVOCATE for M/S WADIAGHANDY AND CO(5679) for the Applicant(s) No. 1 MR. HARDIK A DAVE. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ===============================================================

With R/SPECIAL CRIMINAL APPLICATION NO. 5698 of 2026 ===============================================================

RAJESH KUMAR S/O LATE SHAKTI KUMAR Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. MIHIR JOSHI, SENIOR ADVOCATE with MR. JAY KANSARA, ADVOCATE with MS. NISHA OJHA, ADVOCATE for M/S WADIAGHANDY AND CO(5679) for the Applicant(s) No. 1 MR. HARDIK A DAVE. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ===============================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 07/05/2026

ORDER

1. All these petitions have been filed by the respective petitioners invoking the powers of this court under Articles 14, 21 and 226 of the Constitution of India and Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (“BNSS”) inter alia with the prayers to quash and set aside the Supplementary Charge sheet (Criminal Case) No. 175428 of 2025, to quash the First Information Report No. 4 of 2016 registered with CID (Crime) Ahmedabad Zone and also to quash and set aside the summons dated 18^th March 2026 issued against the petitioners by the learned trial court.

2. At the outset, Learned Public Prosecutor Shri Hardik A Dave has raised a preliminary objection against the maintainability of these petitions in view of the fact that cognizance of the offence has already been taken by the learned trial court against the petitioners, and therefore, in view of the settled position of law, the jurisdiction of this court, under Article 226 of the Constitution has seized to exist. He also submitted that provision of Article 227 of the Constitution has not been invoked and this bench is not assigned the roster for taking up the applications filed under Section 528 of the BNSS. He therefore submitted, not to entertain these petitions and relegate the petitioners to explore the alternative remedy.

3. As against this, learned Senior Counsels Shri Mihir Joshi and Shri Jal Unwala submitted that the powers of this court under Article 227 of the Constitution are inherent and they are not required to be invoked specifically. It was further submitted that the powers of this court under Section 528 of the Bharatiya Nagaik Suraksha Sanhita, 2023 have been invoked, and therefore, even if the petitions under Article 226 are assumed to be not maintainable, this court, still, can very well entertain these petitions and grant the relief.

4. Heard learned advocates for the parties. There is no dispute as regards the fact that, after registration of the offence, the investigating agency has concluded investigation and charge sheet has also been filed, and thereafter, cognizance of the offence has also been taken by learned trial court against the accused, including the petitioners, and summons have also been issued against them by learned tria