High Court of Gujarat

KISHOR SAJANBHAI GURGUTIYA THRO GURGUTIYA MANDABHAI SAJANBHAIversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH
Bench: GITA GOPIL S PIRZADA

Holding

The Court held that permission to withdraw the application may be granted when the underlying order has been revoked.

Summary

The applicant, Kishor Sajanbhai Gurgutiya, filed a Special Criminal Application (R/SCR.A/7752/2026) before the Gujarat High Court. After the order in the proceeding was revoked, the applicant sought the Court's permission to withdraw the pending application. The learned counsel for the applicant argued that the revocation rendered the application moot and that withdrawal should be allowed. The Court examined whether a party may be permitted to withdraw an application after the substantive order has been set aside. Finding no legal impediment, the Court granted the request for withdrawal. Consequently, the application was disposed of as withdrawn and the rule was discharged.

Issues considered

Whether the Court may grant permission to withdraw a Special Criminal Application after the original order has been revoked

Subjects

withdrawal of applicationspecial criminal applicationorder revokedpermission to withdrawdisposal of rule

Judgment

        R/SCR.A/7752/2026                                                         ORDER DATED: 02/07/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CRIMINAL APPLICATION NO. 7752 of 2026

 ================================================================
       KISHOR SAJANBHAI GURGUTIYA THRO GURGUTIYA MANDABHAI
                            SAJANBHAI
                              Versus
                     STATE OF GUJARAT & ORS.
 ================================================================
 Appearance:
 MR AKBAR S SELOT(13003) for the Applicant(s) No. 1
 MR KISHAN K NAYI(13080) for the Applicant(s) No. 1
 MR LB DABHI, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
 No. 1
 RULE NOT RECD BACK for the Respondent(s) No. 2
 RULE SERVED for the Respondent(s) No. 3
 ================================================================

    CORAM:HONOURABLE MS. JUSTICE GITA GOPI
          and
          HONOURABLE MR.JUSTICE L. S. PIRZADA

                                              Date : 02/07/2026

                            ORDER
   (PER : HONOURABLE MS. JUSTICE GITA GOPI)


           Learned advocate for the applicant submits that the
 order has been revoked and therefore, seeks permission to
 withdraw the present application.

           Permission as prayed for is granted.

           The application stands disposed of as withdrawn. Rule is
 discharged.

                                                                                                       Sd/-
                                                                                                (GITA GOPI,J)

                                                                                                     Sd/-
                                                                                         (L. S. PIRZADA, J)
 CAROLINE / # 30

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: CAROLINE ANTHONISWAMY(HC00212), Principal pvt Secretary, at High Court of Gujarat on 02/07/2026 15:42:19

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