High Court of Gujarat

VITTHALBHAI MADHABHAI VEKARIAversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH
Bench: HASMUKH D SUTHAR

Holding

The High Court allowed the withdrawal of the revision application and vacated the interim relief.

Summary

The petitioner, Vithalbhai Madhabhai Vekaria, filed a criminal revision application (R/CR.RA/579/2014) challenging an order of a subordinate court. The petitioner sought permission to withdraw the revision while retaining the right to contest the legality and validity of the sanction granted under Section 19 of the Prevention of Corruption Act, including the competency of the authority that imposed it. The High Court, after hearing the counsel, granted the request to withdraw the revision application, directing the trial court to decide the matter on its merits independently. The court vacated the interim relief previously granted and ordered the record to be sent back to the concerned court. No merits of the underlying corruption sanction were examined in this order.

Issues considered

Whether a criminal revision application can be withdrawn with liberty to raise further contentions on the sanction under Section 19 of the Prevention of Corruption Act
Whether the authority that granted the sanction under Section 19 was competent

Legislation cited

Prevention of Corruption Acts. 19

Subjects

criminal revisionwithdrawal of applicationSection 19Prevention of Corruption Actinterim reliefcompetency of authority

Judgment

       R/CR.RA/579/2014                                                              ORDER DATED: 04/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL REVISION APPLICATION (AGAINST ORDER
         PASSED BY SUBORDINATE COURT) NO. 579 of 2014

============================================
               VITTHALBHAI MADHABHAI VEKARIA
                              Versus
                        STATE OF GUJARAT
============================================
Appearance:
MR BHAVESH P TRIVEDI(2731) for the Applicant(s) No. 1
MR RR TRIVEDI(941) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
============================================

   CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                           Date : 04/05/2026

                                                       ORDER
          The learned Advocate for the applicant after arguing at length,
seeks permission to withdraw the present revision application with
liberty to raise all the available contentions qua legality and validity of
the sanction granted under Section 19 of the Prevention of Corruption
Act, including the competency of authority. Permission as prayed for is
granted.
          The learned trial Court shall have to decide the matter
independently on its own merit.
          Accordingly, the present revision application is disposed of as
withdrawn. This Court has not gone into the merit of the case.
          Interim relief granted earlier stands vacated.
          Record and proceeding, if any, be sent back to the concerned
Court forthwith.




                                                                           (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 04/05/2026 14:49:15


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