High Court of Gujarat

JIGISHABEN JITENDRABHAI PATEL PROP. OWNER OF SHYAM PETROLEUMversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

Permission to withdraw the application and the connected appeal is granted, and the matters are disposed of as withdrawn.

Summary

Jigishaben Jitendrabhai Patel, proprietor of Shyam Petroleum, filed a criminal miscellaneous application under Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking leave to appeal. The applicant sought to withdraw the application and the connected appeal after learning that, per the Supreme Court’s decision in Asian Paint Private Limited v. Ram Babu (2025 INSC 828), the appeal should be filed under Section 413 of the same Act. The High Court granted permission to withdraw, disposed of the application and appeal as withdrawn, and clarified that any delay caused by the withdrawal would not be treated as a procedural delay. The Court also ordered that a certified copy of the impugned judgment be provided to the applicant upon request.

Issues considered

Whether the Court may grant permission to withdraw a criminal miscellaneous application and the connected appeal filed under Section 419 BNSS.
Whether any delay incurred due to the withdrawal will be counted as a procedural delay in filing the appeal.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023s. 413, s. 419

Subjects

withdrawal of appealcriminal miscellaneous applicationBharatiya Nagarik Suraksha Sanhitaprocedural delaycertified copy of judgment

Judgment

      R/CR.MA/17991/2025                                                 ORDER DATED: 09/01/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
  R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 17991 of 2025
                                   In
                      F/CRIMINAL APPEAL/9420/2025
                                  With
                   F/CRIMINAL APPEAL NO. 9420 of 2025
================================================================
         JIGISHABEN JITENDRABHAI PATEL PROP. OWNER OF SHYAM PETROLEUM
                                           Versus
                               STATE OF GUJARAT & ANR.
================================================================
Appearance:
MR. PRERAK R BHATT(11381) for the Applicant(s) No. 1
MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1
================================================================
     CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
                      Date : 09/01/2026
                       ORAL ORDER

1.       Learned          advocate     for     the     applicant        seeks     permission         to
withdraw the present application as well as the connected appeal,

which      is     filed    under      Section        419     of   the     Bharatiya         Nagarik

Suraksha Sanhita, 2023 (`BNSS’ for short), as the applicant is

required to file an appeal under Section 413 of the BNSS, in view

of the judgment of the Apex Court in case of Asian Paint Private

Limited V/s Ram Babu and another reported in 2025 INSC 828.



2.       Permission as prayed for is granted. This application and

connected appeal are disposed of as withdrawn.



3.       It is clarified that the period of delay that may be caused

in filing this appeal may be not counted as delay in filing such

appeal before the concerned Court. Moreover, the certified copy of

the impugned judgment, be handed over to the applicant/appellant,

as per Rules, if asked for.



                                                                      (SANJEEV J.THAKER,J)
Manoj Kumar Rai

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 12/01/2026 16:45:55

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