High Court of Gujarat

WAHIDABEN D/O MAHAMMEDKHAN KHASHABKHAN PATHANversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE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

Holding

The application for cancellation of bail stands disposed of as withdrawn because the FIR has been quashed.

Summary

The petitioner, Wahidaben d/o Mahammedkhan Khashabkhan Pathan, filed a criminal miscellaneous application seeking cancellation of bail. The applicant later requested to withdraw the application because the FIR against her had been quashed. The court considered whether the withdrawal could be permitted after the FIR was dismissed. It held that the application could be withdrawn as it had become infructuous. Consequently, the court granted permission to withdraw and disposed of the application as withdrawn.

Issues considered

What is the effect of the quashing of the FIR on a pending application for cancellation of bail?
Can an applicant withdraw a criminal miscellaneous application after the FIR is quashed?

Subjects

bailcancellation of bailwithdrawal of applicationFIR quashedcriminal procedure

Judgment

     R/CR.MA/31578/2017                                                              ORDER DATED: 17/08/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.
                        31578 of 2017

==========================================================
        WAHIDABEN D/O MAHAMMEDKHAN KHASHABKHAN PATHAN
                              Versus
                     STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR IMRAN H PATHAN(3478) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================

  CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                              Date : 17/08/2026

                                                ORAL ORDER

         Learned advocate Mr. I.H. Pathan appearing for the

applicant             seeks           permission               to         withdraw              the         present

application, in view of the fact that the FIR itself has been

quashed.


         Permission               as       sought           for      is      granted.            The        present

application stands disposed of as withdrawn as it has become

infructuous.


                                                                                 (SANJEEV J.THAKER,J)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 17/08/2026 17:38:54




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