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High Court of Gujarat

RIZWAN AHEMAD @ HANISING RAISH AHEMAD SHAIKH THRO. SHAIKH FIROZBHAI W/O. RAISAHEMADversusCOMMISSIONER POLICE

Decided
Disposal
40-WITHDRAWN @ FH

Holding

The petition was disposed of as withdrawn with the Court's permission.

Summary

The petitioner, Rizwan Ahmad, filed a Special Criminal Application challenging an order of the Commissioner of Police. While the petition was pending, the order that was impugned was revoked by the authorities. The petitioner, through counsel, sought the Court's permission to withdraw the petition on the ground that the relief sought was no longer necessary. The respondents opposed the withdrawal, but the Court considered the procedural rule that a petition may be withdrawn with the Court's leave. The Court examined whether the revocation of the impugned order justified dismissal of the petition. Finding no impediment, the Court granted leave to withdraw and disposed of the petition as withdrawn. The order was signed by the presiding judges on 23 March 2026.

Issues considered

  • Whether a Special Criminal Application may be withdrawn after the impugned order has been revoked

Subjects

  • withdrawal of petition
  • special criminal application
  • revocation of order
  • procedural law
  • court permission

Judgment

          R/SCR.A/3071/2026                                                              ORDER DATED: 23/03/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/SPECIAL CRIMINAL APPLICATION NO. 3071 of 2026

   ==========================================================
   RIZWAN AHEMAD @ HANISING RAISH AHEMAD SHAIKH THRO. SHAIKH
                   FIROZBHAI W/O. RAISAHEMAD
                             Versus
                  COMMISSIONER POLICE & ORS.
   ==========================================================
   Appearance:
   MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1
   MS MEGHNA CHITALIYA APP for the Respondent(s) No. 2
   ==========================================================

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

                                                   Date : 23/03/2026

                                                     ORAL ORDER

                    (PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)


             Learned advocate for the petitioner seeks permission to
   withdraw the present petition as the order impugned has been
   revoked as submitted by learned advocate for the petitioner.
   Accordingly, present petition stands disposed of as withdrawn as
   requested.

                                                                                                (ILESH J. VORA,J)



                                                                                              (R. T. VACHHANI, J)
   sompura



Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MANISHKUMAR JYOTINDRA SOMPURA(HC00189), Principal Pvt. Secretary, at High Court of Gujarat on 23/03/2026 14:07:46




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