High Court of Gujarat

MOHAMMAD MUNAF S/O MOHAMMAD SHABBIR SHAIKH THRO MOHAMMAD SHABBIR ABDUL RAHIM KHARADI (SHAIKH)versusSTATE OF GUJARAT

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: ILESH VORAR T VACHHANI

Holding

The petition is dismissed as unnecessary because the detention order has been revoked.

Summary

Mohammad Munaf filed a Special Criminal Application challenging his detention. The petitioner argued that the detention order had been revoked by the authority, rendering the petition infructuous. The court considered whether the revocation of the detention order made the writ petition unnecessary. Relying on the fact that the detention order no longer existed, the court held that there was no longer any ground for relief. Consequently, the petition was dismissed as unnecessary.

Issues considered

Whether the Special Criminal Application becomes infructuous and should be dismissed after the revocation of the detention order?

Subjects

detentionspecial criminal applicationwrit petitionrevocationdismissal

Judgment

          R/SCR.A/39/2026                                                                     ORDER DATED: 21/01/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CRIMINAL APPLICATION NO. 39 of 2026

==========================================================
     MOHAMMAD MUNAF S/O MOHAMMAD SHABBIR SHAIKH THRO
       MOHAMMAD SHABBIR ABDUL RAHIM KHARADI (SHAIKH)
                          Versus
                 STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR MATAFER R PANDE(3952) for the Applicant(s) No. 1
MR. KRUTIK A. PARIKH, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================

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

                                                 Date : 21/01/2026

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


            Learned               Advocate               Ms.         Dipshika               Mishra              for       learned
Advocate Mr. M. R. Pande, for the petitioner submits that since
the order of detention has been revoked by the authority, the
present petition becomes infractuous.


            In light of the said statement, the writ petition is dismissed
as unnecessary.


                                                                                                    (ILESH J. VORA,J)


                                                                                                (R. T. VACHHANI, J)
Mehul Desai
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 21/01/2026 15:38:59




                                                             Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "detention"Sign in to search