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High Court of Gujarat

SAHDEVSINH JITUBHA GOHILversusSTATE OF GUJARAT

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The court allowed the withdrawal of the petition, disposing it as withdrawn without examining its merits.

Summary

Petitioner Sahdevsinh Jitubha Gohil, through counsel Mr. N. P. Pandya, filed a Special Civil Application seeking permission to withdraw the petition so that a Special Criminal Application could be filed. The respondent State of Gujarat and others opposed the request. The Court examined whether the petitioner could be allowed to withdraw the pending civil proceedings. Justice Nirzar S. Desai granted the petitioner's request, stating that the petition would stand disposed of as withdrawn and that the merits of the case were not examined. Consequently, the accompanying civil application for stay was also dismissed as the main matter was withdrawn.

Issues considered

  • Whether the petitioner may be permitted to withdraw the Special Civil Application and file a Special Criminal Application.

Subjects

  • withdrawal of petition
  • special civil application
  • special criminal application
  • procedural law
  • court order

Judgment

         C/SCA/8217/2026                                                             ORDER DATED: 23/07/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SPECIAL CIVIL APPLICATION NO.8217 of 2026
                                        With
                      CIVIL APPLICATION (FOR STAY) NO.2 of 2026
                                          In
                     R/SPECIAL CIVIL APPLICATION NO.8217 of 2026
==========================================================
                                     SAHDEVSINH JITUBHA GOHIL
                                               Versus
                                      STATE OF GUJARAT & ORS.
==========================================================
Appearance :
MR N P PANDYA for the Petitioner.
MR NIKUNJ KANARA, AGP for the Respondents No.1,2,3,4
=========================================

  CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                              Date : 23/07/2026
                                                   ORDER


                      Learned advocate Mr. N. P. Pandya appearing for the
petitioner, under instructions, seeks permission to withdraw this
petition          with        a     view        to      file      Special          Criminal            Application.
Permission as prayed for is granted. The petition stands disposed
of as withdrawn. It is made clear that this Court has not examined
the merits of the case.


                      In view of withdrawal of main matter, civil application
also stands disposed of.

                                                                                   (NIRZAR S. DESAI,J)


SAVARIYA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/07/2026 16:38:57




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