High Court of Gujarat
PATEL RASIKBHAI GANPATBHAIversusCHAUDHARI RAMESHBHAI DALSANGBHAI
- Disposal
- 28-REJECTED @ ADM.STAGE
- Bench
- GITA GOPI
Holding
The Court held that there was no reason to entertain the prayer for recall and dismissed the application.
Summary
The petitioner filed a recall application seeking to set aside the High Court's order dated 17 April 2026, which had permitted the withdrawal of a criminal revision application (No. 1598 of 2025). The order had granted the petitioner liberty to approach the appellate court regarding a dispute over the repayment of Rs. 11,50,000 deposited by the accused in a cooperative society. The petitioner argued that the recall was necessary because the advocate had mistakenly believed the application concerned an acquittal and therefore withdrew it. The Court examined the explanation and found it unconvincing, noting that the advocate had not verified the application before seeking withdrawal. Consequently, the Court concluded that there was no genuine ground to recall the earlier order and rejected the recall application.
Issues considered
- Whether the High Court should recall its order granting liberty to withdraw the criminal revision application
- Whether the stated cause for recall constitutes a genuine ground for interference
Subjects
recall of orderwithdrawal of applicationcriminal revisionappellate jurisdictionprocedural impropriety
Judgment
R/CR.MA/10585/2026 ORDER DATED: 03/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (RECALL) NO. 10585 of 2026
In
R/CRIMINAL REVISION APPLICATION/1598/2025
==========================================================
PATEL RASIKBHAI GANPATBHAI
Versus
CHAUDHARI RAMESHBHAI DALSANGBHAI & ANR.
==========================================================
Appearance:
MR MAHESH K POOJARA(5879) for the Applicant(s) No. 1
MR. KAUSHAL N DAVE(13999) for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 03/07/2026
ORDER
1. The application is filed for recall of the order dated
17.4.2026 passed by this Court in Criminal Revision
Application no.1598 of 2025. The order reads as under:-
Learned advocate for the applicant, on
instructions, seeks permission to withdraw
this application. Permission as prayed for is
granted.
Accordingly, the present application stands
disposed of as withdrawn with a liberty in
favour of the applicant to approach the
learned Appellate Court.”
2. The liberty by the order was reserved in favour of the
applicant to approach the learned Appellate Court, where
the issue is with regard to the order of the Court directing
the applicant as the complainant to repay an amount of
Page 1 of 3
R/CR.MA/10585/2026 ORDER DATED: 03/07/2026
Rs.11,50,000/- which, as per the observation made in the
order below Exhs.33 and 37 in Criminal Case no.962 of
2023 passed by the learned Additional Judicial Magistrate
First Class, Vijapur dated 18.8.2025 that the amount was
deposited by the accused in the Cooperative Society, which
could be read by the purshis filed vide Exh.33 declaring
that there was no settlement of the Cooperative Society
with the accused and that the complainant was withdrawing
the case and thus, recording that in view of Exh.33, since
the complainant was withdrawing the case, the Court has
recorded that during that process of the trial, the accused
has deposited an amount of Rs.11,50,000/- and since the
accused was not declared guilty, he was entitled for the
said amount and when the accused had objection for
referring the matter to the mediation, the learned JMFC has
no option, but to reject application Exh.37 and hence, the
order was made to pay the money to the accused and in
default of payment for issuance of the warrant.
3. On 17.4.2026, in the matter, wherein the order is prayed to
be recalled, on specific instructions, the application stood
disposed of with a liberty granted to the applicant to
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R/CR.MA/10585/2026 ORDER DATED: 03/07/2026
approach the learned Appellate Court. The cause for
making a prayer for recall of order has been recorded in
Paragraph 2 of the application, which is as under:-
“2. It is submitted that Advocate of the
petitioner was under the impression that the
above mentioned petition was the petition of
Against acquittal and which is to be
withdrawn because same applicant has filed
couple of petition and due to same name
Advocate of the petitioner thought that it has
to been withdraw and Advocate of the
petitioner has withdrawn this petition on
17/04/2026 during the mentioning.....”
4. The said cause does not appear to be genuine. As per the
cause, it appears that the advocate of the applicant has not
even verified the application filed and the order suggests
that it was under instructions the permission for withdrawal
was sought for which an explicit liberty so reserved.
5. For the foregoing reasons, this Court does not find any
reason to entertain the prayer of recalling the order dated
17.4.2026 passed by this Court in Criminal Revision
Application no.1598 of 2025 and hence, the present
application stands rejected.
(GITA GOPI,J)
Maulik
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAULIK RAJESH PANDYA(HC00205), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 03/07/2026 16:41:29
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