High Court of Gujarat
BRIJESHBHAI MAHENDRABHAI AMINversusSTATE OF GUJARAT
- Decided
- 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- 27-WITHDRAWN @ ADM.STAGE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 The petition was therefore disposed of as withdrawn, with liberty to file a fresh application.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 petition
- criminal miscellaneous application
- court discretion
- restoration
- high 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petition stands disposed of as withdrawn with above liberty.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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