RAMESHBHAI NAGJIBHAI DESAIversusSTATE OF GUJARAT
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court allowed the withdrawal of the revision application and held that the applicant may pursue appropriate proceedings under the SC/ST Act without being barred by limitation.
Summary
The original complainant filed a criminal revision application under Sections 397 and 401 of the Criminal Procedure Code challenging the acquittal of accused persons in a case filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The applicant sought permission to withdraw the revision and instead pursue appropriate proceedings before a competent forum. The High Court examined the provisions of Section 401(3) CrPC and the statutory rights under the SC/ST Act, noting that the revision was filed within the limitation period. The Court granted the applicant’s request to withdraw the revision and clarified that the right to institute proceedings under the statute would not be barred by limitation. No merits of the original acquittal were considered, and the revision application was discharged.
Issues considered
- Whether a revision application filed under Sections 397 and 401 CrPC can be withdrawn by the applicant.
- Whether the limitation period bars the applicant from instituting fresh proceedings under the SC/ST Act after withdrawing the revision.
Legislation cited
Subjects
Judgment
R/CR.RA/156/2006 ORDER DATED: 18/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ACQUITTAL) NO.
156 of 2006
==========================================================
RAMESHBHAI NAGJIBHAI DESAI
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR BS KHATANA(3671) for the Applicant(s) No. 1
MR PR NANAVATI(508) for the Applicant(s) No. 1
MR MEHUL SHARAD SHAH(773) for the Respondent(s) No.
10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,3,4,5,6,7,8,9
MR TUSHAR CHAUDHARY(5316) for the Respondent(s) No.
10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,3,4,5,6,7,8,9
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 18/03/2026
ORDER
Heard learned advocate appearing for the applicant and
learned APP for respondent – State of Gujarat.
Present revision application is <led by the applicant –
original complainant under Section 397 read with Section 401 of
the CrPC assailing the order dated 25.01.2006 passed by the
learned Special Judge & Sessions Judge, Banaskantha, at
Palanpur in Special Case No.59/2004 whereby the respondent
Nos.2 to 24 herein – original accused have been acquitted.
Considering the provision of section 401(3) of the CrPC as
well as statutory right provided under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, learned
advocate for the applicant upon instructions seeks permission to
withdraw the present application with liberty to <le appropriate
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R/CR.RA/156/2006 ORDER DATED: 18/03/2026
proceeding before appropriate forum.
Permission as prayed for is granted. Present application is
disposed of with above liberty. It is needless to say that as the
revision application was <led within limitation period and now
the applicant wants to <le appropriate proceeding before
appropriate forum as provided under the Statute, it is kept open
for the applicant to <le appropriate proceeding before
appropriate forum which shall not be barred by limitation. It is
made clear that this Court has not examined the merits of the
case. Rule is hereby discharged.
(HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/03/2026 14:57:36
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