SANJAY SINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing present petition under Article 226 of the Constitution of India r/w. Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, the petitioner has prayed for the following reliefs:-

(2.) The facts and circumstances giving rise to filing the present petition are as such that on 12/4/2023, the respondent no.2 herein lodged a private complaint against the petitioner and the other co-accused for an offence punishable under Sec. 500 of the Indian Penal Code, 1860 before the Court of learned Addl. Chief Metropolitan Magistrate, Ahmedabad. Upon presentation of the said complaint, learned Magistrate was pleased to register the said complaint as Criminal Enquiry No.6081 of 2023 and had further ordered to inquire under the provisions of Sec. 202 of the Criminal Procedure Code, 1973. Vide order dtd. 15/4/2023, after considering the material available on record during the course of enquiry, learned Magistrate, Ahmedabad ordered for issuance of summons against the petitioner and the other co-accused under Sec. 204 of the Cr.P.C as in the opinion of learned Magistrate, prima facie the case for the offence punishable under the provisions of Sec. 500 of the IPC was made out against the present petitioner and the other co-accused and the proceedings being Criminal Case No.29303 of 2023 were initiated against the present petitioner and the other co-accused on the basis of the aforesaid private complaint. Upon service of summons issued against the petitioner and the other co-accused, they appeared before the learned trial Court through their respective advocates on 7/6/2023 and exemption application was submitted before the Court. The order of learned Magistrate for issuing process under Sec. 204 against the petitioner and other co-accused was challenged by them by filing Criminal Revision Applications before the learned City Civil and Sessions Court, Ahmedabad. The learned City Civil and Sessions Court, Ahmedabad was pleased to dismiss those Revision Applications vide order dtd. 14/9/2023.

(3.) Being aggrieved by the said order, the petitioner as well as other co-accused had preferred Special Criminal Application No.12430 of 2023 and Special Criminal Application No.12429 of 2023, respectively before this Court. The Co-ordinate Bench of this Court vide judgment and order dtd. 16/2/2024 was pleased to dismiss both the aforesaid Special Criminal Applications. In the interregnum, the application came to be submitted before the learned trial Court on behalf of the petitioner as well as the other co-accused praying for recording of plea under Sec. 251 Cr.P.C. by learned advocate appearing for them in their absence. The said application was allowed by the learned trial Court vide order dtd. 11/8/2023 and thereafter, the plea of the present petitioner as well as the other co-accused was recorded before the learned trial Court vide Exh-25 wherein the petitioner had not pleaded guilty. The petitioner herein thereafter preferred Criminal Revision Application No.150 of 2025 before the learned City Civil and Sessions Court, Ahmedabad challenging the plea recorded by the learned trial Court vide Exh-25. The learned City Civil and Sessions Court vide the judgment and order dtd. 15/12/2025 had been pleased to dismiss the said Revision Applications.