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High Court of Gujarat

ASHOKKUMAR S/O RAMARAMJI KEDARAMJI RABARIversusSTATE OF GUJARAT

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The application for quashing the FIR is withdrawn and disposed of without consideration of its merits.

Summary

Ashok Kumar, who had been acquitted after trial, filed a criminal miscellaneous application seeking to quash and set aside the FIR and related order. He later requested permission to withdraw this application, arguing that the acquittal rendered the petition unnecessary. The learned counsel for the applicant submitted the withdrawal request, and the court considered the request without delving into the merits of the original petition. Justice P. M. Raval granted permission to withdraw the application. Consequently, the court disposed of the application as withdrawn, leaving the acquittal undisturbed.

Issues considered

  • Can an applicant withdraw a criminal miscellaneous application for quashing an FIR after being acquitted?
  • Is the court required to examine the merits of a petition that the applicant wishes to withdraw?

Subjects

  • quash petition
  • withdrawal of application
  • acquittal
  • criminal procedure

Judgment

         R/CR.MA/24083/2025                                                                      ORDER DATED: 09/06/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                       FIR/ORDER) NO. 24083 of 2025

  ==========================================================
                    ASHOKKUMAR S/O RAMARAMJI KEDARAMJI RABARI
                                      Versus
                            STATE OF GUJARAT & ANR.
  ==========================================================
  Appearance:
  MR SANJAY PRAJAPATI(3227) for the Applicant(s) No. 1
  JAY MEHTA APP for the Respondent(s) No. 1
  ==========================================================

     CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                                      Date : 09/06/2026

                                                        ORAL ORDER


  1.         Learned Advocate for the Applicant submits that the
  Applicant is acquitted upon completion of trial and seeks
  permission to withdraw the present application.

  2.         Permission, as sought for, is granted. This Court has not
  gone into the merits of the matter. The present application
  stands disposed of as withdrawn.

                                                                                                           (P. M. RAVAL, J)
  MMP


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 09/06/2026
15:17:56




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