MITHUN @ MITUL CHANDRAKANT SONI vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/15671/2026 JUDGMENT DATED: 06/11/2026
(GJHC240077382025)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 15671 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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Approved for Reporting Yes No
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MITHUN @ MITUL CHANDRAKANT SONI
Versus
STATE OF GUJARAT
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Appearance:
ADITYA A CHOKSI(7835) for the Applicant(s) No. 1
MR AJAYKUMAR CHOKSI(1853) for the Applicant(s) No. 1
MS JYOTI BHATT, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 06/11/2026

JUDGMENT
1. Issue rule returnable forthwith. Learned APP accepts rule on
behalf of respondent no.1 and waives service.
2. By way of preferring the present petition under Articles 226 and
227 of the Constitution of India, the petitioner has prayed for seeking
the following reliefs as enumerated in para 9 of the petition:-
“A. MAY BE PLEASED TO issue a Writ of Certiorari or a Writ akin to the
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R/SCR.A/15671/2026 JUDGMENT DATED: 06/11/2026
(GJHC240077382025)
Writ of Certiorari to quash & set aside the Order dated 09.01.2025 passed
below Exhibit-21 in Sessions Case No. 82 of 2021 by the Court of Learned
6TH Additional Sessions Judge, Ahmedabad (Rural) {at ANNEXURE-A}
AND consequently FURTHER BE PLEASED TO restore the Right of
Petitioner for Cross Examination of PW-5 i.e., Bhavish Shyamlal Shah in
the interest of Justice.
INTERIM RELIEF
B. MAY BE PLEASED TO pass an ex-parte ad-interim relief in terms of
Stay on further proceedings of Sessions Case No. 82 of 2021 pending
before the Court of Learned 6TH Additional Sessions Judge Ahmedabad
(Rural) during the admission, pendency and till final disposal of
Application.
C. MAY BE PLEASED TO pass any such further order/s or direction/s as it
may deem fit in the peculiar facts and circumstances of the present case.”
3. Heard learned counsels for the parties.
4. Learned counsel for the petitioner submitted that the learned Trial
Court vide order dated 09.01.2025 in its suo motu motion has closed
the right of the petitioner to cross examine Dr. Bhavish Shyamlal Shah,
who conducted the PM. He submitted that despite the fact that the
learned counsel appearing on behalf of the petitioner was asking the
relevant question from the said witness and conducting the relevant
cross-examination, the learned Trial Court in the midst of the cross-
examination, closed the right of the petitioner. He submitted that the
petitioner was not provided the true opportunity to cross-examine the
witness to prove his defence. Therefore, he submitted that the
observation of the learned Trial Court regarding closing the right of the
petitioner to cross-examine the witness is not sustainable, and hence,
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R/SCR.A/15671/2026 JUDGMENT DATED: 06/11/2026
(GJHC240077382025)
he prayed that the petitioner may be permitted to further cross-examine
the PW-5-Dr. Bhavish Shyamlal Shah.
5. Learned APP appearing on behalf of respondent no.1 submitted
that the petitioner has been afforded the sufficient opportunity to cross-
examine the witness, therefore, the present petition deserves to be
rejected.
6. Having considered the submissions of the learned counsels for
the parties and having gone through the record, it emerges from the
record that the deposition of PW-5 partly came to be recorded on
09.01.2025 in Sessions Case No.82/2021. It emerges from the record
that when the learned counsel for the petitioner was conducting the
cross-examination, the learned Trial Court has closed the right of the
petitioner to cross-examine the witness on the ground that sufficient
time had already been granted to the petitioner. It further emerges from
the record that neither the learned counsel for the petitioner sought time
nor sought any adjournment while conducting the cross-examination
when the right of the petitioner to further cross-examine the material
witness came to be closed. The learned Trial Court ought to have struck
a balance between the prosecution as well as the defence and ought to
have given proper opportunity to both the parties to lead their respective
evidence. In the facts of the present case, the learned Trial Court ought
to have afforded a reasonable opportunity to learned counsel for the
petitioner to complete the cross-examination of the witness.
7. Having regard to the totality of facts and circumstances, the ends
of justice would meet, if one opportunity is granted to the petitioner at
his cost to conduct the remaining cross-examination of PW-5 i.e. Dr.
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R/SCR.A/15671/2026 JUDGMENT DATED: 06/11/2026
(GJHC240077382025)
Bhavish Shyamlal Shah. Accordingly, the present petition deserves to
be allowed subject to following directions:-
(i) The doctor shall be called for further cross-examination at the cost of
the petitioner.
(ii) The petitioner shall deposit the cost of Rs.2,000/- with the learned
Trial Court in advance, before the date fixed for further cross-
examination.
(iii) The petitioner shall complete the cross-examination within 45
minutes.
8. It is also made clear that if the doctor remains present before the
learned Trial Court on the date fixed for further cross-examination, no
adjournment shall be granted to the learned counsel for the petitioner in
any of the eventuality.
9. In view of above directions, the captioned petition stands
disposed of. Rule is made absolute to the aforesaid extent.
(MOOL CHAND TYAGI, J)
Harshit
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