High Court of Gujarat

GOVINDBHAI S/O SAJANBHAI BHARVAD (SABHAD) THRO MER GOPAL RANABHAIversusCOMMISSIONER OF POLICE

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: N S SANJAY GOWDAD M VYAS

Holding

A petition seeking relief from a detention order is dismissed as unnecessary when the detention order is revoked during the pendency of the petition.

Summary

The petitioner, Govindbhai S/o Sajanbhai Bharvad, filed a special criminal application challenging his detention before the High Court of Gujarat. During the pendency of the petition, the Board reviewing the detention order revoked that order, effectively releasing the petitioner. The petitioner’s counsel argued that the revocation rendered the petition moot. The Court examined whether the petition should continue despite the Board’s action. Finding that the relief sought no longer existed, the Court held that the petition did not survive consideration. Consequently, the Court dismissed the petition as unnecessary.

Issues considered

Does the revocation of a detention order by the Board render a pending criminal application moot?
Should the Court dismiss a petition when the relief sought is no longer available?

Subjects

detentionrevocationpetitioncriminal procedurecourt dismissalmootness

Judgment

        R/SCR.A/17097/2025                                                                 ORDER DATED: 13/01/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 17097 of 2025

 ==========================================================
      GOVINDBHAI S/O SAJANBHAI BHARVAD (SABHAD) THRO MER
                        GOPAL RANABHAI
                            Versus
                 COMMISSIONER OF POLICE & ORS.
 ==========================================================
 Appearance:
 MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1
 MR PRANAV DHAGAT, ADDL. PUBLIC PROSECUTOR for the
 Respondent(s) No. 2
 ==========================================================

    CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
          and
          HONOURABLE MR.JUSTICE D. M. VYAS

                                               Date : 13/01/2026

                             ORAL ORDER
            (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)


            Learned Counsel for the petitioner submits that during
 the pendency of this petition, the Board has revoked the
 order of detention passed against the petitioner. In view
 thereof, the petition does not survive consideration.
            Accordingly, the present petition is dismissed as
 unnecessary.



                                                                                     (N.S.SANJAY GOWDA,J)



                                                                                                     (D. M. VYAS, J)
 Anuj
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: SISODIYA ANUJSINH(HCD0069), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 13/01/2026 16:52:16




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