High Court of Gujarat

BRIJESHBHAI MAHENDRABHAI AMINversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: C DOSHI

Holding

The Court may allow withdrawal of a criminal miscellaneous application with liberty to file a fresh application, without examining the merits.

Summary

The petitioners, Brijeshbhai Mahendrabhai Amin & Anr., filed a criminal miscellaneous application seeking restoration. They later requested permission to withdraw the petition, seeking liberty to file a fresh application if a discharge application is decided against them. The Court, after hearing counsel, granted permission to withdraw the petition. It clarified that it had not examined the merits of the underlying application. The petition was therefore disposed of as withdrawn, with liberty to file a fresh application.

Issues considered

Whether the High Court may permit withdrawal of a criminal miscellaneous application and grant liberty to file a fresh application

Subjects

withdrawal of petitioncriminal miscellaneous applicationcourt discretionrestorationhigh court order

Judgment

         R/CR.MA/22242/2025                                                             ORDER DATED: 20/01/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 22242 of
                                 2025

                        In R/CRIMINAL MISC.APPLICATION/11860/2018

   ==========================================================
                          BRIJESHBHAI MAHENDRABHAI AMIN & ANR.
                                         Versus
                                   STATE OF GUJARAT
   ==========================================================
   Appearance:
   KHUSHBU H DANECHA(7099) for the Applicant(s) No. 1,2
   MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
   No. 1
   ==========================================================

      CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                 Date : 20/01/2026

                                                    ORAL ORDER


             Learned advocate for the petitioners, upon instructions,
   seeks permission to withdraw present petition with a liberty to
   file fresh Criminal Misc. Application if discharge application is
   decided against the petitioners.                                     Permission granted.                          The
   petition stands disposed of as withdrawn with above liberty.


             It is clarified that this Court has not examined the merits
   of the matter.



                                                                                                   (J. C. DOSHI,J)
   SHEKHAR P. BARVE


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 20/01/2026 14:35:11




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