VAGHARI ISHWARBHAI SOMABHAIversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- HASMUKH D SUTHAR
Holding
The Court granted permission to withdraw the revision and to file an alternative remedy, disposing the revision as not pressed.
Summary
Vaghari Ishwarbhai Somabhai filed a criminal revision application against an order of a subordinate court and a criminal miscellaneous application seeking an early hearing. The applicant's counsel indicated that the revision would not be pressed and requested liberty to pursue an alternative remedy under Section 91 of the Code of Criminal Procedure and Section 94 of the Bharatiya Nagarik Suraksha Sanhita. The High Court granted the request, disposed of the revision as not pressed without examining its merits, and consequently dismissed the miscellaneous application as infructuous. No substantive merits of the original case were considered. The order effectively allows the applicant to file a fresh application under the cited provisions.
Issues considered
- Whether a revision application can be withdrawn and the applicant be permitted to file an alternative remedy under Section 91 CrPC and Section 94 of the Bharatiya Nagarik Suraksha Sanhita
Legislation cited
Subjects
Judgment
R/CR.RA/650/2016 ORDER DATED: 30/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER
PASSED BY SUBORDINATE COURT) NO. 650 of 2016
With
CRIMINAL MISC.APPLICATION (FIXING DATE OF EARLY
HEARING) NO. 1 of 2026
In R/CRIMINAL REVISION APPLICATION NO. 650 of 2016
============================================
VAGHARI ISHWARBHAI SOMABHAI
Versus
STATE OF GUJARAT
============================================
Appearance:
MITTAL N PATEL(7614) for the Applicant(s) No. 1
MR NIMESH M PATEL(6780) for the Applicant(s) No. 1
MR ROHAN H. RAVAL, APP for the Respondent(s) No. 1
============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 30/04/2026
ORDER
Learned Advocate for the applicant, upon instructions, does not
press the present revision application with liberty to avail alternate
remedy to file appropriate application under Section 91 of the Code of
Criminal Procedure / Section 94 of the Bharatiya Nagarik Suraksha
Sanhita. Permission as prayed for is granted.
Accordingly, present revision application is disposed of being not
pressed. This Court has not gone into the merit of the case.
In view of the above, the Criminal Misc. Application for early
hearing is also disposed of as having become infructuous.
(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 30/04/2026 14:46:39
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