High Court of Gujarat

RAJABALI GULAMHUSENBHAI RATNANIversusSTATE OF GUJARAT

Decided: 9 March 2026
Disposal: 31-NOTICE DISCHARGED @ ADM.STAGE
Bench: M K THAKKER

Holding

The petition was not pressed and was disposed of; consequently, the stay application became infructuous and was also disposed.

Summary

The applicant, Rajabali Gulamhusenbhai Ratnani, filed a criminal miscellaneous application seeking quashment and setting aside of an FIR/order, and a subsequent application for a stay. The court observed that the applicant's counsel, Mr. Vanrajsinh M. Damore, did not press the petition, indicating no intention to pursue an alternative remedy. Consequently, the court disposed of the main application as not pressed. In view of this disposal, the stay application could not survive and was declared infructuous. Both applications were therefore dismissed without any substantive hearing on the merits.

Issues considered

Whether the petition for quashment and setting aside of the FIR/order was pressed by the applicant.
Whether the stay application remains viable after the disposal of the main petition.

Subjects

Criminal Procedure Code
Quashment of FIR
Stay of proceedings
Application not pressed
Infructuous application

Judgment

              R/CR.MA/5606/2021                                                         ORDER DATED: 09/03/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
              R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                              FIR/ORDER) NO. 5606 of 2021
                                         With
                 CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2026
                   In R/CRIMINAL MISC.APPLICATION NO. 5606 of 2021
       ==========================================================
                                 RAJABALI GULAMHUSENBHAI RATNANI
                                              Versus
                                     STATE OF GUJARAT & ANR.
       ==========================================================
       Appearance:
       MR. VANRAJSINH M DAMORE(3787) for the Applicant(s) No. 1
       MR.RONAK RAWAL, APP for the Respondent(s) No. 1
       UNSERVED EXPIRED (N) for the Respondent(s) No. 2
       ==========================================================

          CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                                    Date : 09/03/2026

                                                      ORAL ORDER


       ORDER IN R/CRIMINAL MISC.APPLICATION (FOR
       QUASHING & SET ASIDE FIR/ORDER) NO. 5606 of
       2021
           Learned advocate Mr.Vanrajsinh Damore does not press

       this petition with a view to 昀椀le alternative remedy.

                 In view of above, this petition is disposed of as not

       pressed.

       ORDER IN CRIMINAL MISC.APPLICATION (FOR STAY)
       NO. 1 of 2026
                 In view of the disposal of the main matter, this

       application does not survive. Hence disposed of as become

       infructuous.


                                                                                             (M. K. THAKKER,J)
       ARCHANA S. PILLAI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ARCHANA SAJEEVKUMAR PILLAI(HC01899), PRIVATE SECRETARY, at High Court of Gujarat on 09/03/2026 18:02:43




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