High Court of Gujarat

BHUPATSINH DHIRUBHAI RATHOD (RAJPUT)versusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH
Bench: HASMUKH D SUTHAR

Holding

The court may allow the withdrawal of a criminal miscellaneous application and did so in this case.

Summary

The petitioner, Bhupatsinh Dhirubhai Rathod, filed a criminal miscellaneous application seeking recall of a prior order. Subsequently, the petitioner’s counsel applied for permission to withdraw the application. The court considered whether it could allow the withdrawal of such an application. Relying on its inherent discretion to permit withdrawal of pending applications, the court granted the request. The application was therefore disposed of as withdrawn, and the merits of the underlying matter were not examined.

Issues considered

Whether the High Court may, at its discretion, permit the withdrawal of a criminal miscellaneous application?

Subjects

withdrawal of applicationcriminal miscellaneous applicationcourt discretionhigh court order

Judgment

 R/CR.MA/4717/2025(GJHC240153002025)                                                 ORDER DATED: 24/08/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CRIMINAL MISC.APPLICATION (RECALL) NO. 4717 of 2025
          In R/CRIMINAL MISC.APPLICATION/21433/2023
==========================================================
             BHUPATSINH DHIRUBHAI RATHOD (RAJPUT)
                               Versus
                     STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR BHARATKUMAR H OZA(12150) for the Applicant(s) No. 1
MR JIGAR B OZA(11654) for the Applicant(s) No. 1
MR Y J PATEL(3985) for the Respondent(s) No. 8
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                          Date : 24/08/2026
                                                 ORDER

        Learned advocate for the applicant upon instructions seeks
permission to withdraw the present application.

        Permission as prayed for is granted. Present application is
disposed of as withdrawn. This Court has not examined the
merits of the case.



                                                                  (HASMUKH D. SUTHAR, J.)


Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/08/2026 15:00:37




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