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High Court of Gujarat

MUSTAK @ BUILDER FATEHMAHAMMAD SHAIKHversusSTATE OF GUJARAT

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The Court granted permission to withdraw the revision application and allowed the applicant liberty to file a quashing petition, disposing the revision as withdrawn.

Summary

Mustak, also known as Builder Fatehmammad Shaikh, filed a criminal revision application against an order of a subordinate court and subsequently sought the Court's permission to withdraw that revision while obtaining liberty to file a quashing petition. The learned counsel for the applicant requested this withdrawal, and the Court, after noting that it had not examined the merits of the case, granted the permission. Consequently, the revision application was disposed of as withdrawn. The accompanying criminal miscellaneous application for stay was also deemed not to survive and was disposed of. No substantive merits of the original dispute were addressed by the Court.

Issues considered

  • Whether the High Court may grant permission to withdraw a criminal revision application and allow the applicant to file a separate quashing petition.

Subjects

criminal revisionwithdrawal of applicationquashing petitionprocedural lawHigh Court order

Judgment

    R/CR.RA/1255/2024                          ORDER DATED: 06/02/2026




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL REVISION APPLICATION (AGAINST
 ORDER PASSED BY SUBORDINATE COURT) NO. 1255 of
                      2024
                      With
CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2026
In R/CRIMINAL REVISION APPLICATION NO. 1255 of 2024

=================================================
    MUSTAK @ BUILDER FATEHMAHAMMAD SHAIKH
                        Versus
                STATE OF GUJARAT
=================================================
Appearance:
MR MD. MOHSIN M SHAIKH(12400) for the Applicant(s) No. 1
MR ROHAN SHAH, APP for the Respondent(s) No. 1
=================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                         Date : 06/02/2026

                          ORAL ORDER

      Learned advocate for the applicant seeks permission to
withdraw the revision application with a liberty to file a quashing
petition.


      Permission, as prayed for, is granted with aforesaid liberty.
The revision application is disposed of as withdrawn.




                              Page 1 of 2
      R/CR.RA/1255/2024                                                            ORDER DATED: 06/02/2026




         In view main revision application is withdrawn and disposed
of accordingly, Criminal Misc. Application No. 1 of 2026 does not
survive and the same stands disposed of accordingly.


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


                                                                                       [ P. M. Raval, J. ]
hiren/8tss6226




 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/02/2026 15:39:23




                                                     Page 2 of 2


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