PATEL KAUSHIKKUMAR KANAIYALAL (Petition Disposed as not pressed Qua applicant no. 1)versusSTATE OF GUJARAT
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- P M RAVAL
Holding
The Court held that an application may be withdrawn at the applicant’s request and, upon such withdrawal, the application stands disposed without any consideration of its merits.
Summary
The petitioners filed a criminal miscellaneous application seeking quashing of an FIR/Order. Applicant No.1's petition was dismissed as not pressed, while Applicants No.2 and No.3, through counsel, requested to withdraw the application. The Court considered the request for withdrawal, granted permission, and disposed of the application without examining its merits. Consequently, any interim relief that may have been granted was vacated and the notice was discharged. The matter was concluded solely on the basis of the withdrawal.
Issues considered
- Whether the applicant may withdraw a criminal miscellaneous application seeking quash of an FIR/Order?
- What is the effect of such withdrawal on any interim relief granted?
Subjects
Judgment
R/CR.MA/22328/2024 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 22328 of 2024
==========================================================
PATEL KAUSHIKKUMAR KANAIYALAL (Petition Disposed as not pressed
Qua applicant no. 1) & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS TASNIM A ZABUAWALA(10756) for the Applicant(s) No. 2,3
PETITION DISPOSED OF for the Applicant(s) No. 1
MR VIJAY N RAVAL(2025) for the Respondent(s) No. 2
ROHAN N SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 17/08/2026
ORAL ORDER
1. Learned advocate for the applicant seeks permission to
withdraw the present application.
2. Permission, as sought for, is granted. This Court has not
gone into the merits of the matter. The present application
stands disposed of as withdrawn. Interim relief, if any, stands
vacated. Notice is discharged.
(P. M. RAVAL, J)
MAHENDRA M PUROHIT
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 17/08/2026
15:31:28
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