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High Court of Gujarat

MAHESHDAN NATWARDAN GADHVIversusSTATE OF GUJARAT

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The petition is disposed of as not pressed, with no further relief granted.

Summary

Maheshdan Natwardan Gadhvi filed a special civil application challenging the issuance of a charge‑sheet and the inquiry report in a criminal matter against the State of Gujarat. While the petition was pending, the respondents passed an order dismissing the petitioner, which is itself being contested in a separate writ petition (Special Civil Application No. 9232 of 2023). The court observed that, in view of the dismissal order, there was nothing further for it to consider in the present petition, though the parties' rights could be raised in the pending writ petition. The petitioner did not press the present petition further. Consequently, the court disposed of the petition as not pressed and also disposed of the connected civil application, vacating any interim relief that may have been granted.

Issues considered

  • What is the effect of a dismissal order passed by the respondent on a pending petition challenging the charge‑sheet and inquiry report?
  • Whether the pending petition can continue or must be dismissed in view of the dismissal order.

Subjects

charge-sheetinquiry reportdismissal orderstaycivil applicationpetition disposedprocedural law

Judgment

     C/SCA/4263/2018                           ORDER DATED: 02/02/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CIVIL APPLICATION NO. 4263 of 2018
                           With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
     In R/SPECIAL CIVIL APPLICATION NO. 4263 of 2018
=============================================
                   MAHESHDAN NATWARDAN GADHVI
                               Versus
                      STATE OF GUJARAT & ORS.
=============================================
Appearance:
MR DG CHAUHAN(218) for the Petitioner(s) No. 1
MR RONAK D CHAUHAN(7709) for the Petitioner(s) No. 1
MS NIDHI VYAS, AGP for the Respondent(s) No. 1,2,3,4
=============================================

 CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                         Date : 02/02/2026
                          ORAL ORDER

1.    At the outset, Mr.D.G.Chauhan, learned advocate for the
petitioner, states that during the pendency of this petition, the
respondent has already passed an order of dismissal of the
petitioner, which is the subject-matter of challenge by way of
another independent writ petition, being Special Civil Application
No.9232 of 2023.

2.    The present matter appears to have been filed challenging
the issuance of charge-sheet and the inquiry report. Since the
order of dismissal is already inflicted upon the petitioner, according
to my view, nothing further survives in this matter.

3.    Nonetheless, it is hereby made clear that all rights and
contentions of the respective parties which are raised in this
petition are kept open and may be agitated in the aforesaid
pending writ petition.




                               Page 1 of 2
          C/SCA/4263/2018                                                                ORDER DATED: 02/02/2026




 4.         In view of the above, Mr.D.G.Chauhan, learned advocate
 for the petitioner does not press the present petition.

 5.         The present petition is disposed of, as not pressed.
 Consequently, the connected Civil Application also stands
 disposed of. Notice is discharged. Interim relief, if any, stands
 vacated.


                                                                                 (MAULIK J. SHELAT, J)
 GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 02/02/2026 15:34:32




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