NARESHBHAI BHIKHABHAI MAKWANAversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- GITA GOPI
Holding
The court granted permission to withdraw the application, disposing of it as withdrawn.
Summary
The applicant, Nareshbhai Bhikhabhai Makwana, filed a criminal miscellaneous application seeking condonation of delay in a maintenance order. He later informed the court that the child for whom maintenance was ordered is now staying with him, constituting a change of circumstances. On this basis, his counsel requested permission to withdraw the pending application and instead approach the Family Court to set aside the maintenance order. The learned judge considered whether the court could allow the withdrawal given the change in facts. Permission to withdraw was granted, and the application was ordered to stand disposed of as withdrawn. No substantive merits of the original condonation request were adjudicated.
Issues considered
- Whether the court may permit withdrawal of a criminal miscellaneous application on the ground of changed circumstances
Subjects
Judgment
R/CR.MA/10781/2026 ORDER DATED: 06/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
10781 of 2026
In
F/CRIMINAL REVISION APPLICATION/19653/2026
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NARESHBHAI BHIKHABHAI MAKWANA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MANAN V PATEL(8059) for the Applicant(s) No. 1
MR NIRAJ SHARMA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 06/05/2026
ORDER
1. Heard learned advocate for the applicant, who submitted
that there has been change of circumstances as qua the
child for whom the maintenance amount was ordered to
be paid is now staying with the applicant.
2. Hence, learned advocate for the applicant seeks
permission to withdraw the present application, as he
proposes to move the learned Family Court for setting
aside the order.
3. Permission as prayed for is granted.
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R/CR.MA/10781/2026 ORDER DATED: 06/05/2026
4. With the aforesaid liberty, the application stands
disposed of as withdrawn.
Sd/-
(GITA GOPI, J)
CAROLINE / # 16
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CAROLINE ANTHONISWAMY(HC00212), Principal pvt Secretary, at High Court of Gujarat on 06/05/2026 17:40:41
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