High Court of Gujarat

SUNIL @SADHO NAUTAMDAS NACHNANI THRO KARAN NAUTANDAS NACHNANIversusSTATE OF GUJARAT

Decided: 19 January 2026
Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: ILESH VORA R T VACHHANI

Holding

A petition becomes infructuous and must be dismissed when the order it challenges is revoked.

Summary

The petitioner, Sunil @Sadho Nautamdas Nachnani, filed a Special Criminal Application challenging an order passed against him by the State of Gujarat. During the pendency of the application, the authority that had issued the impugned order revoked it. The petitioner’s counsel submitted that the revocation rendered the relief sought moot. The Court considered whether the petition could continue in view of the revocation. It held that since the order was no longer in force, the petition had become infructuous. Accordingly, the petition was disposed of as infructuous and the rule was discharged.

Issues considered

Whether a Special Criminal Application becomes infructuous when the order impugned is revoked by the authority?

Subjects

Special Criminal Application
Infructuous Petition
Order Revocation
Criminal Procedure

Judgment

      R/SCR.A/17183/2025                                               ORDER DATED: 19/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 17183 of 2025

==================================================
  SUNIL @SADHO NAUTAMDAS NACHNANI THRO KARAN NAUTANDAS
                         NACHNANI
                           Versus
                  STATE OF GUJARAT & ORS.
==================================================
Appearance:
DINESHKUMAR D GAUTAM(9549) for the Applicant(s) No. 1
MR. ROHAN SHAH, APP for the Respondent(s) No. 1
==================================================

   CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
         and
         HONOURABLE MR. JUSTICE R. T. VACHHANI

                     Date : 19/01/2026
                      ORAL ORDER
  (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


         Learned counsel appearing for the petitioner states that
the order impugned in the petition is revoked by the authority
and, therefore, the petition has become infructuous.

         Recording the said submission, the petition is disposed of
as having become infructuous. Rule is discharged.



                                                                         (ILESH J. VORA, J.)




                                                                      (R. T. VACHHANI, J.)
DHARMENDRA KUMAR

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: KUMAR DHARMENDRA(HC01071), GOV, at High Court of Gujarat on 19/01/2026 17:06:46




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Rohan Shah