High Court of Gujarat

RASHMINKUMAR @ASWIN S/O CHANDRAKANTBHAI SHAH THRO DIPIKABEN RASHMINBHAI SHAHversusSTATE OF GUJARAT

Disposal: DISPOSED AS INFRUCTUOUS
Bench: N S SANJAY GOWDAD M VYAS

Holding

The petition was dismissed as infructuous because the petitioner had been released.

Summary

The petitioner, Rashminkumar, filed a special criminal application challenging his detention. During the pendency of the writ petition, the petitioner was released from custody. The petitioner’s counsel submitted that, in view of the release, the petition had become infructuous. The Court recorded the submission and held that the petition could no longer be entertained. Accordingly, the petition was dismissed as infructuous and the rule was discharged.

Issues considered

What is the appropriate disposition of a writ petition when the petitioner has been released and the relief sought is no longer applicable?

Subjects

writ petitioninfructuousdetentionhigh court

Judgment

      R/SCR.A/16994/2025                                                              ORDER DATED: 08/01/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CRIMINAL APPLICATION NO. 16994 of 2025
==========================================================
     RASHMINKUMAR @ASWIN S/O CHANDRAKANTBHAI SHAH THRO
                DIPIKABEN RASHMINBHAI SHAH
                           Versus
                  STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS. NAYNAVATI S JETHVA(10030) for the Applicant(s) No. 1
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
        and
        HONOURABLE MR.JUSTICE D. M. VYAS

                                               Date : 08/01/2026

                       ORAL ORDER
 (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)

          Learned counsel for the petitioner submits that
during the pendency of this writ petition, the petitioner-
detenu has been released and therefore, the petition has
become infructuous.

          Recording the said submission, the petition stands
DISMISSED as having become INFRUCTUOUS.
          Rule is discharged.

                                                                                 (N.S.SANJAY GOWDA,J)



                                                                                                 (D. M. VYAS, J)
OMKAR
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/01/2026 12:41:24




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