High Court of Gujarat

MAKBULBHAI GAFURBHAI SAMTANI (DETENUE) THRO. NAJMABEN MAKBULBHAI SAMTANIversusSTATE OF GUJARAT

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: ILESH VORAR T VACHHANI

Holding

The petition was dismissed as the cause of action ceased with the revocation of the detention order.

Summary

The petitioner, Makbulbhai Gafurbhai Samtani, filed a Special Criminal Application seeking relief against his detention. The application was filed before the High Court of Gujarat, with counsel Mr. Rajakmiya A. Bukhari and Mr. S. D. Moghariya representing the petitioner, and Ms. Monali Bhatt representing the State. During the proceedings, the authority that had originally ordered the detention revoked the detention order. The court noted that with the revocation, the basis of the petition no longer existed. Consequently, the court disposed of the petition without further hearing.

Issues considered

What is the appropriate disposition of a petition when the detention order underlying it has been revoked?

Subjects

detentionrevocationspecial criminal applicationpetition disposedhigh court

Judgment

       R/SCR.A/1876/2026                                                                      ORDER DATED: 25/02/2026




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
  R/SPECIAL CRIMINAL APPLICATION NO. 1876 of 2026
=========================================
    MAKBULBHAI GAFURBHAI SAMTANI (DETENUE) THRO.
            NAJMABEN MAKBULBHAI SAMTANI
                          Versus
                STATE OF GUJARAT & ORS.
=========================================
Appearance:
MR RAJAKMIYA A BUKHARI(13629) for the Applicant(s) No. 1
MR S D MOGHARIYA(11273) for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1
=========================================
 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
        and
        HONOURABLE MR. JUSTICE R. T. VACHHANI

                                                Date : 25/02/2026

                    ORAL ORDER
  (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


           It is reported that the authority concerned has revoked the
detention order; therefore, the cause of the petition does not
survive. In view of the above, the petition stands disposed of
accordingly.


                                                                                                (ILESH J. VORA,J)



                                                                                          (R. T. VACHHANI, J)
Kaushal Rathod
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 25/02/2026 15:04:18




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