High Court of Gujarat

MAHEBUBKHAN @ KALU SHARMATULLA PATHANversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The court granted permission to withdraw the appeal, disposing of it as withdrawn.

Summary

The appellant, Mahebubkhan @ Kalu Sharmatulla Pathan, filed a criminal appeal (R/CR.2965/2025) seeking quashing of an order and later applied for permission to withdraw the appeal. The appellant's counsel, Mr. Daxesh D. Barot, requested the court's permission to withdraw, which the court granted. The court disposed of the appeal as withdrawn without examining the merits of the case. Consequently, any connected criminal miscellaneous applications were also disposed of. The order clarifies that no substantive issues were decided on the merits.

Issues considered

Whether the court may grant permission to withdraw a pending criminal appeal.

Subjects

appeal withdrawalcriminal appealprocedural ordercourt disposal

Judgment

         R/CR.A/2965/2025                                                      ORDER DATED: 16/06/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL APPEAL (FOR QUASHING OF ORDER/STAY) NO. 2965 of
                           2025

                                  With
        CRIMINAL MISC.APPLICATION (FOR AMENDMENT) NO. 1 of 2026
                  In R/CRIMINAL APPEAL NO. 2965 of 2025
================================================================
                 MAHEBUBKHAN @ KALU SHARMATULLA PATHAN
                                 Versus
                        STATE OF GUJARAT & ANR.
================================================================
Appearance:
MR DAXESH D BAROT(13149) for the Appellant(s) No. 1
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
NOTICE THROUGH SPEED POST NOT RECEIVED BACK for the
Opponent(s)/Respondent(s) No. 2
MS JYOTI BHATT, ADDL. PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
================================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M.
        PRACHCHHAK

                                            Date : 16/06/2026

                                                   ORDER


           Learned counsel for the appellant, under instructions, seeks
permission to withdraw this appeal.
           Permission, as prayed for, is granted. Present appeal stands
disposed of as withdrawn. Notice is discharged.


           It is clarified that this Court has not gone into the merits of the
matter.
           In view of the disposal of the main matter, connected Criminal
Misc. Application/s, if any, also stands disposed of.



                                                                   (HEMANT M. PRACHCHHAK,J)

Dolly

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 16/06/2026 17:02:48

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