Supreme Court – Daily Orders
Kantilal Babulal Patel vs The State Of Gujarat on 19 August, 2025
Author: Pankaj Mithal
Bench: Pankaj Mithal
SLP (CRL.) NO. 1365/2023
ITEM NO.33 COURT NO.8 SECTION II-E
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 1365/2023
[Arising out of impugned final judgment and order dated 04-10-2022
in SCRA No. 3091/2017 passed by the High Court of Gujarat at
Ahmedabad]
KANTILAL BABULAL PATEL & ORS. PETITIONER(S)
VERSUS
THE STATE OF GUJARAT & ORS. RESPONDENT(S)
(IA No. 20384/2023 - EXEMPTION FROM FILING O.T.
IA No. 20382/2023 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 46986/2024 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 19-08-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE PANKAJ MITHAL
HON'BLE MR. JUSTICE JOYMALYA BAGCHI
For Petitioner(s) Mr. Gaurav Agrawal, Sr. Adv.
Mr. Aspi Kapadia, Adv.
Ms. Anushree Prashit Kapadia, AOR
Ms. Kaarunya Lakshmi, Adv.
Mr. Manan Daga, Adv.
Ms. Sejal Jain, Adv.
Mr. Nakul Patwardhan, Adv.
For Respondent(s) Ms. Deepanwita Priyanka, Adv.
Ms. Swati Ghildiyal, AOR
Ms. Abhipsa Mohanty, Adv.
Mr. Nikhil Goel, Sr. Adv.
Mr. Ashutosh Ghade, AOR
Ms. Saloni Meshram, Adv.
Mr. Adithya Koshy Roy, Adv.
Signature Not Verified Ms. Riddhi Jain, Adv.
Digitally signed by
geeta ahuja
Date: 2025.08.20
17:29:21 IST
Reason:
UPON hearing the counsel the court made the following
O R D E R
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SLP (CRL.) NO. 1365/2023
1. Heard Mr. Gaurav Agarwal, learned senior counsel
appearing for the petitioners and Mr. Nikhil Goel,
learned senior counsel appearing for the private
respondent Nos.2 and 3.
2. The petitioners instituted a suit for specific
performance and permanent injunction on 28.07.2014
before the Civil Court. Pending the said suit, the
proceedings were initiated under Section 145 of the
Cr.P.C. wherein, the Executive Magistrate passed an
order holding that the petitioners are in possession of
the property and their possession should not be
disturbed. The revision against the said order failed,
whereupon a petition under Article 227 of the
Constitution of India was filed. The said petition was
allowed by the order impugned and the order of the
Executive Magistrate has been quashed.
3. In the facts and circumstances of the case, as the
parties are litigating on the civil side, we are of the
opinion that they could not have approached the
Magistrate. The order passed by the Magistrate had
rightly been set aside as those proceedings were not
maintainable and the parties had the remedy of civil
proceedings.
4. Accordingly, we decline to interfere in the matter
in exercise of our discretionary jurisdiction under
Article 136 of the Constitution of India and the
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SLP (CRL.) NO. 1365/2023
Special Leave Petition is, accordingly, dismissed
leaving it open for the petitioners to agitate their
rights before the Civil Court or in the appropriate
forum.
5. Pending application(s), if any, shall stand
disposed of.
(Nidhi Mathur) (Geeta Ahuja)
Court Master (NSH) Assistant Registrar-cum-PS
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