High Court of Gujarat

MAGANBHAI BABUBHAI RATHODversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: S V PINTO

Holding

The court granted permission to withdraw the application and allowed the applicants liberty to file a fresh application after the charge-sheet is filed.

Summary

The applicants, Maganbhai Babubhai Rathod and another, filed a criminal miscellaneous application seeking to quash and set aside the FIR and order. They later approached the court through counsel Ms. Kiran Udasi, requesting permission to withdraw the application and to be allowed to file a fresh application after the charge-sheet is filed. The court considered whether such withdrawal with liberty to re‑file is permissible. The learned judge granted the request, allowing the withdrawal and permitting the applicants to file a new application post charge-sheet. Consequently, the present application was disposed of as withdrawn.

Issues considered

Whether the court may permit the withdrawal of a criminal miscellaneous application seeking quash of FIR with liberty to file a fresh application after the charge-sheet is filed

Subjects

withdrawal of applicationcriminal miscellaneous applicationquash FIRfresh applicationcourt order

Judgment

      R/CR.MA/5878/2026                                                   ORDER DATED: 24/04/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                    FIR/ORDER) NO. 5878 of 2026
==========================================================
                       MAGANBHAI BABUBHAI RATHOD & ANR.
                                    Versus
                           STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR NOYEL A CHRISTIAN(12821) for the Applicant(s) No. 1,2
MS. C.M. SHAH, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                        Date : 24/04/2026

                                          ORAL ORDER


         Learned advocate Ms. Kiran Udasi on behalf of the

learned advocate Mr. Noyel A. Christian for the applicants,

seeks permission to withdraw the present application, with

liberty to file a fresh application after the charge-sheet is

filed.

         Permission as sought for is granted. Matter stands

disposed of as withdrawn with the above liberty.




                                                                                     (S. V. PINTO,J)
ROHAN SONI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 24/04/2026 16:21:31




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