Created byFuzzy Cloud

High Court of Gujarat

SCIENTIFIC REMEDIES PVT LTD THOUGH PARITOSH ASHWINBHAI DAVEversusSTATE OF GUJARAT

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

Permission to withdraw the application and the connected appeal is granted.

Summary

The applicant, Scientific Remedies Pvt Ltd (through Paritosh Ashwinbhai Dave), sought permission to withdraw a criminal miscellaneous application filed under Section 378(4) of the Code of Criminal Procedure, 1973, along with a connected appeal, because a Supreme Court decision (Asian Paint Pvt Ltd v. Ram Babu, 2025 INSC 828) required the appeal to be filed under Section 372 instead. The High Court examined the request and, noting the precedent, granted permission to withdraw both the application and the appeal. The Court also clarified that any delay caused by this withdrawal would not be treated as a limitation period for filing the appropriate appeal, and ordered that a certified copy of the impugned judgment be provided to the applicant upon request. Consequently, the application and the connected appeal were disposed of as withdrawn.

Issues considered

  • Whether permission can be granted to withdraw a criminal miscellaneous application and a connected appeal under Section 378(4) of the CrPC.
  • Whether delay caused by such withdrawal should be counted as limitation for filing the appropriate appeal under Section 372 of the CrPC.

Legislation cited

Subjects

Criminal ProcedureSection 378Section 372withdrawal of appeallimitation periodSupreme Court precedent

Judgment

     R/CR.MA/22406/2024                                       ORDER DATED: 06/01/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 22406
                          of 2024

                          In F/CRIMINAL APPEAL/36017/2024

                                   With
                     F/CRIMINAL APPEAL NO. 36017 of 2024
==========================================================
     SCIENTIFIC REMEDIES PVT LTD THOUGH PARITOSH ASHWINBHAI
                               DAVE
                               Versus
                     STATE OF GUJARAT & ORS.
==========================================================
Appearance:
ANSHUL N SHAH(8540) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                  Date : 06/01/2026

                                   ORAL ORDER


1.      Learned advocate for the applicant seeks permission to

withdraw the present application as well as the connected

appeal, which is filed under Section 378(4) of the Code of

Criminal        Procedure,      1973    (`the        Code’   for   short),     as       the
applicant is required to file an appeal under Section 372 of

the Code, in view of the judgment of the Apex Court in case

of Asian Paint Private Limited V/s Ram Babu and another

reported in 2025 INSC 828.


2.      Permission as prayed for is granted. This application

and connected appeal are disposed of as withdrawn.




                                       Page 1 of 2
              R/CR.MA/22406/2024                                                 ORDER DATED: 06/01/2026




        3.       It is clarified that the period of delay that may be

        caused in filing this appeal may be not counted as delay in

        filing such appeal before the concerned Court. Moreover, the

        certified copy of the impugned judgment, be handed over to

        the applicant/appellant, as per Rules, if asked for.



                                                                             (SANJEEV J.THAKER,J)
        URIL RANA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 07/01/2026 10:36:07




                                                      Page 2 of 2


Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "Criminal Procedure"Sign in to search

For a digitally signed copy suitable for filing, refer to the court's own website. Only the court can issue one.