High Court of Gujarat

VIRENDRABHAI BAKULBHAI ACHARYAversusSTATE OF GUJARAT

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: HASMUKH D SUTHAR

Holding

The revision application is disposed of as not pressed, without addressing the substantive merits.

Summary

The applicant filed a criminal revision against an order of the Additional Chief Judicial Magistrate, Dhoraji, concerning maintenance payments of Rs.1,06,200 made between June 2013 and January 2014, which were withdrawn by the respondent (wife). The report indicated that the recovery amount claimed exceeded the amount withdrawn. The applicant's counsel informed the court that the revision would not be pressed at this stage. Consequently, the High Court disposed of the revision application without examining the merits, leaving the matter open for revival if any defect is later identified.

Issues considered

Whether the revision application should be dismissed on the ground that the applicant does not wish to press it at this stage

Subjects

revisionmaintenancecriminal procedurewithdrawalnon‑pressingHigh Court

Judgment

       R/CR.RA/463/2013                                                              ORDER DATED: 24/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL REVISION APPLICATION (AGAINST ORDER
        PASSED BY SUBORDINATE COURT) NO. 463 of 2013

============================================
               VIRENDRABHAI BAKULBHAI ACHARYA
                               Versus
                   STATE OF GUJARAT & ORS.
============================================
Appearance:
MR RJ GOSWAMI(1102) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 3
MR P P MAJMUDAR(5284) for the Respondent(s) No. 2
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
============================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                           Date : 24/04/2026
                                                 ORDER
          Pursuant to the order dated 13.04.2026, the learned Additional
Chief Judicial Magistrate, Dhoraji, has submitted the report dated
17.04.2026. Perusing the said report of Nazir, Additional Chief Judicial
Magistrate Court, Dhoraji, it appears that from 25.06.2013 to
20.01.2014 total Rs.1,06,200/- has been paid towards maintenance
and the same has already been withdrawn by the respondent no.2 –
wife. Under the impugned proceeding the recovery amount is more
than amount withdrawn by the respondent no.2 – wife.
          Therefore, the learned Advocate for the applicant has submitted
that he does not press the present revision application at this stage.
Accordingly, the present revision application is disposed of being not
pressed. This Court has not gone into the merit of the case.
          In case of any defect it is kept open for the applicant to revive
the matter.




                                                                           (HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 24/04/2026 14:45:55

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