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High Court of Gujarat

SANDIPBHAI SHAMIKBHAI MEHTAversusSTATE OF GUJARAT

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The Court may grant permission to withdraw the application as it has not yet entered into the merits.

Summary

The petitioner, Sandipbhai Shamikbhai Mehta, filed a criminal miscellaneous application seeking consent quashing against the State of Gujarat. The petitioner’s counsel, Mr. Johnsey P. Macwan, later sought the Court’s permission to withdraw the application. The Court examined whether it could entertain a request to withdraw at this stage of the proceedings. It held that the Court may grant such permission as it had not yet considered the merits of the application. Consequently, the Court granted the request and disposed of the application as withdrawn, without addressing the substantive issues.

Issues considered

  • Whether the Court may grant permission to withdraw a criminal miscellaneous application at the pleading stage?

Subjects

  • consent quashing
  • withdrawal of application
  • criminal miscellaneous application
  • procedural law
  • court discretion

Judgment

          R/CR.MA/14670/2026                                                         ORDER DATED: 06/08/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
                               14670 of 2026

    ==========================================================
                                  SANDIPBHAI SHAMIKBHAI MEHTA
                                              Versus
                                    STATE OF GUJARAT & ANR.
    ==========================================================
    Appearance:
    MR JOHNSEY P MACWAN(5498) for the Applicant(s) No. 1
    MS.MONALI BHATT, APP for the Respondent(s) No. 1
    ==========================================================

       CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                                Date : 06/08/2026

                                                  ORAL ORDER


              Learned advocate Mr.Johnsey Macwan seeks permission

    to withdraw this application, at this stage

              Permission as prayed for is granted. It is clari ed that

    this Court has not entered into the merits of the case.

              In view of above, this application is disposed of as

    withdrawn.


                                                                                         (M. K. THAKKER,J)
    ARCHANA S. PILLAI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ARCHANA SAJEEVKUMAR PILLAI(HC01899), PRIVATE SECRETARY, at High Court of Gujarat on 06/08/2026 14:44:47




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