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High Court of Gujarat

VARUN CHANDRAKANT PUJARA(qua applicant no.1 as withdraw as per order dt.25/03/2021)versusSTATE OF GUJARAT

Disposal
27-WITHDRAWN @ ADM.STAGE
Bench
C DOSHI

Holding

The petition is disposed of as withdrawn with liberty to file a fresh quashing petition.

Summary

The petitioners, represented by Mr. Hardee​p L. Mahida, sought the Court’s permission to withdraw their criminal miscellaneous application and requested liberty to file a fresh quashing petition. The Respondents, represented by Addl. Public Prosecutor Mr. Chintan Dave, opposed the withdrawal. Justice J.C. Doshi considered whether the Court could allow the withdrawal without examining the merits. The Court granted the petitioners’ request, allowing the withdrawal and expressly permitting them to file a new quashing petition. No merits of the original application were examined, and the petition was formally disposed of as withdrawn.

Issues considered

  • Whether the Court may permit the withdrawal of a criminal miscellaneous application with liberty to file a fresh quashing petition

Subjects

withdrawal of petitionquashing petitioncourt procedurecriminal miscellaneous applicationjudicial discretion

Judgment

         R/CR.MA/25086/2025                                                             ORDER DATED: 20/01/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 25086 of
                                 2025

                      In R/SPECIAL CRIMINAL APPLICATION/2251/2021

   ==========================================================
      VARUN CHANDRAKANT PUJARA(qua applicant no.1 as withdraw as per
                     order dt.25/03/2021) & ORS.
                                Versus
                    STATE OF GUJARAT & ORS.
   ==========================================================
   Appearance:
   MR. HARDEEP L MAHIDA(7112) for the Applicant(s) No. 1,2,3
   MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
   No. 1
   ==========================================================

      CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                 Date : 20/01/2026

                                                    ORAL ORDER


             Learned advocate for the petitioners, upon instructions,
   seeks permission to withdraw present petition with a liberty to
   file fresh quashing petition.                            Permission granted. The petition
   stands disposed of as withdrawn with above liberty.


             It is clarified that this Court has not examined the merits
   of the matter.



                                                                                                   (J. C. DOSHI,J)
   SHEKHAR P. BARVE


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 20/01/2026 15:39:57




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