High Court of Gujarat

JAGDISHBHAI VALLABHBHAI GABANIversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH
Bench: P M RAVAL

Holding

The court may, at its discretion, grant permission to withdraw a criminal miscellaneous application without examining its merits.

Summary

The applicant, Jagdishbhai Vallabhbhai Gabani, filed a criminal miscellaneous application seeking quashing of an FIR. The applicant later moved the High Court of Gujarat for permission to withdraw the petition. The sole issue before the court was whether it could grant such permission. Justice P. M. Raval, after hearing the counsel, granted the request to withdraw the petition. The court expressly stated that it did not examine the merits of the underlying application. Consequently, the petition was disposed of as withdrawn. No substantive legal reasoning on the merits was provided.

Issues considered

Whether the High Court may grant permission to withdraw a criminal miscellaneous application seeking quashing of an FIR

Subjects

withdrawal of petitioncriminal miscellaneous applicationquashing FIRprocedural lawcourt discretion

Judgment

        R/CR.MA/3170/2021                                                             ORDER DATED: 21/07/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                      FIR/ORDER) NO. 3170 of 2021

 ==========================================================
                              JAGDISHBHAI VALLABHBHAI GABANI
                                           Versus
                                 STATE OF GUJARAT & ANR.
 ==========================================================
 Appearance:
 DEVESH K SHAH(9595) for the Applicant(s) No. 1
 KAIVAN M DASTOOR(9322) for the Applicant(s) No. 1
 MR RUTVIJ S OZA(5594) for the Respondent(s) No. 2
 MR ROHAN SHAH, APP for the Respondent(s) No. 1
 ==========================================================

    CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                                Date : 21/07/2026

                                                  ORAL ORDER


           Mr.D.K.Shah,                          learned                 advocate                    for            the
 applicant                   seeks              permission                     to         withdraw                  the
 present petition.

           Permission,                       as         prayed              for,            is         granted.
 Present petition stands disposed of as withdrawn.

           It is made clear that this Court has not gone
 into the merits of the case.



                                                                                                (P. M. RAVAL, J)
 MOHMMEDSHAHID
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MOHMMEDSHAHID MOHMMEDHANIF SHAIKH(HC01113), Private Secretary, at High Court of Gujarat on 21/07/2026 17:11:09




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