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High Court of Gujarat

BACHUBHAI DAHYABHAI PATELversusSTATE OF GUJARAT

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The court granted permission to withdraw the application with liberty to file a fresh application after filing of the charge-sheet.

Summary

The petitioners, Bachubhai Dahyabhai Patel and another, filed a criminal miscellaneous application seeking to quash and set aside FIR/Order No. 9513 of 2026. They later sought permission to withdraw the application and requested liberty to file a fresh application after the charge-sheet is filed. The respondent, State of Gujarat, opposed the withdrawal. The Hon'ble Justice S.V. Pinto considered whether the court could permit withdrawal of such an application. The court granted the petitioners' request, allowing them to withdraw the present application and to file a fresh one after the charge-sheet is filed. Consequently, the application was disposed of as withdrawn.

Issues considered

  • Whether the court may permit withdrawal of a criminal miscellaneous application seeking quash of FIR/Order.

Subjects

  • withdrawal of criminal application
  • quash FIR
  • criminal procedure
  • procedural liberty
  • high court order

Judgment

        R/CR.MA/9513/2026                                                     ORDER DATED: 23/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                FIR/ORDER) NO. 9513 of 2026
  ==========================================================
                          BACHUBHAI DAHYABHAI PATEL & ANR.
                                       Versus
                              STATE OF GUJARAT & ANR.
  ==========================================================
  Appearance:
  MR YASH J PATEL(11240) for the Applicant(s) No. 1,2
  MR. ADITYA JADEJA, APP for the Respondent(s) No. 1
  ==========================================================
     CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                          Date : 23/04/2026
                                           ORAL ORDER


           Learned advocate for the applicant seeks permission to
  withdraw the present application with a liberty to file a fresh
  application after filing of charge-sheet .


           Permission as prayed for is granted with above liberty.


           Application stands disposed of as withdrawn.




                                                                                   (S. V. PINTO,J)
  VISHAL MISHRA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VISHAL VISHNUPRASAD MISHRA(HC01088), STENO GR II, at High Court of Gujarat on 23/04/2026 18:36:17




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