High Court of Gujarat

MUKESH S/O. LALMAN TIWARI THRO PRADHAN GOPAL PRAKASHversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH
Bench: GITA GOPIL S PIRZADA

Holding

Permission to withdraw the Special Criminal Application was granted, and the application was disposed of as withdrawn.

Summary

The petitioner, Mukesh, filed a Special Criminal Application (R/SCR.A/7764/2026) before the Gujarat High Court. The applicant’s counsel informed the Court that the order underlying the application had been revoked and therefore sought the Court’s permission to withdraw the pending application. The Court considered whether it could grant such permission to withdraw a criminal application after the revocation of the operative order. Finding no legal impediment, the Court allowed the request, granting the permission sought. Consequently, the application was formally disposed of as withdrawn and the procedural rule was discharged.

Issues considered

Whether the High Court may grant permission to withdraw a Special Criminal Application after the revocation of the order on which it was based

Subjects

withdrawal of applicationspecial criminal applicationorder revocationhigh court permissionprocedural rule discharge

Judgment

        R/SCR.A/7764/2026                                                         ORDER DATED: 02/07/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CRIMINAL APPLICATION NO. 7764 of 2026
 ================================================================
      MUKESH S/O. LALMAN TIWARI THRO PRADHAN GOPAL PRAKASH
                               Versus
                      STATE OF GUJARAT & ORS.
 ================================================================
 Appearance:
 MR MATAFER R PANDE(3952) for the Applicant(s) No. 1
 MR LB DABHI, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
 No. 1
 RULE SERVED for the Respondent(s) No. 2,3
 ================================================================

    CORAM:HONOURABLE MS. JUSTICE GITA GOPI
          and
          HONOURABLE MR.JUSTICE L. S. PIRZADA

                                              Date : 02/07/2026

                            ORDER
   (PER : HONOURABLE MS. JUSTICE GITA GOPI)


           Learned advocate for the applicant submits that the
 order has been revoked and therefore, seeks permission to
 withdraw the present application.

           Permission as prayed for is granted.

           The application stands disposed of as withdrawn. Rule is
 discharged.

                                                                                                       Sd/-
                                                                                                (GITA GOPI,J)


                                                                                                     Sd/-
                                                                                         (L. S. PIRZADA, J)
 CAROLINE / # 34

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: CAROLINE ANTHONISWAMY(HC00212), Principal pvt Secretary, at High Court of Gujarat on 02/07/2026 15:43:31




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