High Court of Gujarat

VIPULBHAI MANGLABHAI MALIVADversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: VIMAL K VYAS

Holding

The court may permit the withdrawal of a criminal miscellaneous application without adjudicating its merits.

Summary

The applicants, Vipulbhai Manglbhai Malivad and others, filed a criminal miscellaneous application seeking to quash and set aside an FIR/order. Subsequently, they moved the High Court of Gujarat for permission to withdraw that application. The learned counsel for the applicants, Mr. M. A. Chauhan, requested the court’s leave to withdraw. The court, after hearing the counsel, granted the permission to withdraw the application. It expressly clarified that it had not examined the merits of the original application. Consequently, the application was disposed of as withdrawn.

Issues considered

Whether the High Court can grant permission to withdraw a criminal miscellaneous application seeking quash of an FIR/order

Subjects

Criminal Procedure Codewithdrawal of applicationquash FIRmiscellaneous applicationprocedural law

Judgment

        R/CR.MA/478/2026                                                     ORDER DATED: 08/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                      FIR/ORDER) NO. 478 of 2026
 ==========================================================
                        VIPULBHAI MANGLABHAI MALIVAD & ORS.
                                       Versus
                              STATE OF GUJARAT & ANR.
 ==========================================================
 Appearance:
 MR M A CHAUHAN(11262) for the Applicant(s) No. 1,2,3,4
 MS KRINA CALLA, APP for the Respondent(s) No. 1
 ==========================================================
    CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                           Date : 08/04/2026
                                            ORAL ORDER


 1.        Learned advocate Mr. M.A. Chauhan appearing for the

 applicants            seek         permission             to      withdraw            the       present

 application.


 2.        Permission as prayed for is granted. The application

 stands disposed of as withdrawn.


 3.        It is, however, clarified that this Court has not gone into

 the merits of the case.


                                                                                  (VIMAL K. VYAS, J)
 DEEPAK GEHLOT

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DEEPAK GEHLOT(HC02361), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 08/04/2026 17:43:25




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