SCIENTIFIC REMEDIES PVT LTD THOUGH PARITOSH ASHWINBHAI DAVEversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
Permission to withdraw the application and the connected appeal is granted.
Summary
The applicant, Scientific Remedies Pvt Ltd (through Paritosh Ashwinbhai Dave), sought permission to withdraw a criminal miscellaneous application filed under Section 378(4) of the Code of Criminal Procedure, 1973, along with a connected appeal, because a Supreme Court decision (Asian Paint Pvt Ltd v. Ram Babu, 2025 INSC 828) required the appeal to be filed under Section 372 instead. The High Court examined the request and, noting the precedent, granted permission to withdraw both the application and the appeal. The Court also clarified that any delay caused by this withdrawal would not be treated as a limitation period for filing the appropriate appeal, and ordered that a certified copy of the impugned judgment be provided to the applicant upon request. Consequently, the application and the connected appeal were disposed of as withdrawn.
Issues considered
- Whether permission can be granted to withdraw a criminal miscellaneous application and a connected appeal under Section 378(4) of the CrPC.
- Whether delay caused by such withdrawal should be counted as limitation for filing the appropriate appeal under Section 372 of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973s. 372, s. 378(4)
Subjects
Judgment
R/CR.MA/22406/2024 ORDER DATED: 06/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 22406
of 2024
In F/CRIMINAL APPEAL/36017/2024
With
F/CRIMINAL APPEAL NO. 36017 of 2024
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SCIENTIFIC REMEDIES PVT LTD THOUGH PARITOSH ASHWINBHAI
DAVE
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
ANSHUL N SHAH(8540) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 06/01/2026
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 378(4) of the Code of
Criminal Procedure, 1973 (`the Code’ for short), as the
applicant is required to file an appeal under Section 372 of
the Code, 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.
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R/CR.MA/22406/2024 ORDER DATED: 06/01/2026
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)
URIL RANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 07/01/2026 10:36:07
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