High Court of Gujarat

PRAVIN VASANBHAI RATHODversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: C DOSHI

Holding

The Court granted permission to withdraw the SCA and allowed the petitioner to file the correct Special Criminal Application within three weeks.

Summary

The petitioner filed a Special Civil Application (SCA) mistakenly instead of a Special Criminal Application or revision. The petitioner sought permission to withdraw the SCA and to file the correct application within three weeks. The Court, noting the inadvertent filing, granted the request to withdraw the petition and allowed the petitioner liberty to file the appropriate application within the stipulated period. The interim relief previously granted on 9 February 2026 was continued for an additional three weeks. The Court clarified that it did not examine the merits of the case and ordered the petition to be disposed of as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the erroneously filed Special Civil Application and file a Special Criminal Application or revision within a specified time.

Subjects

procedural lawjurisdictionspecial civil applicationwithdrawal of petitioninterim relief

Judgment

            C/SCA/1635/2026                                                           ORDER DATED: 09/07/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/SPECIAL CIVIL APPLICATION NO. 1635 of 2026
    ==========================================================
                                       PRAVIN VASANBHAI RATHOD
                                                 Versus
                                        STATE OF GUJARAT & ANR.
    ==========================================================
    Appearance:
    MR. BRIJESH A. SOLANKI(18886) for the Petitioner(s) No. 1
    MR. FAIJAN. H. MEMON(14630) for the Petitioner(s) No. 1
    NOTICE SERVED for the Respondent(s) No. 1,2
    ==========================================================
       CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                  Date : 09/07/2026

                                                          ORDER
              Since inadvertently, present SCA is filed instead of
    Special Criminal Application / revision, learned advocate for
    the       petitioner,             upon          instructions,               seeks          permission               to
    withdraw present petition with a liberty to file Special
    Criminal Application / revision before appropriate Court
    within three weeks from today.                                      Permission granted.                          The
    petition stands disposed of as withdrawn with above liberty.
    Notice discharged.

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

              Interim relief granted vide order dated 9.2.2026, as
    sought for, is continued for a further period of three weeks
    from today.



                                                                                                    (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 09/07/2026 14:44:23


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