High Court of Gujarat

VARSHABEN SAILESHBHAI JARVARIYAversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The Court permitted the petitioner to withdraw the Special Criminal Application.

Summary

The petitioner, Varshaben Saileshbai Jarvariya, filed a Special Criminal Application challenging an order of externment dated 23‑04‑2026, invoking Section 60 of the Bombay Police Act. The petitioner sought to withdraw this application, arguing that the challenge should be made before the concerned authority within a month and that filing before the High Court would avoid any limitation bar. The respondent opposed the withdrawal. The Court noted that Section 60 permits a prompt challenge to an externment order and that filing before the Court circumvents the limitation period. Consequently, the Court granted the petitioner’s request to withdraw the application. The order was signed by Justice Sanjeev J. Thaker on 02‑07‑2026.

Issues considered

Whether the petitioner may be permitted to withdraw the Special Criminal Application challenging the externment order
Whether the limitation period for challenging the externment order is bar to the withdrawal

Legislation cited

Bombay Police Acts. 60

Subjects

externmentwithdrawal of applicationlimitation periodSection 60Bombay Police ActSpecial Criminal Application

Judgment

                  R/SCR.A/7943/2026                                                ORDER DATED: 02/07/2026




                          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SPECIAL CRIMINAL APPLICATION (AGAINST ORDER OF
                                EXTERNMENT) NO. 7943 of 2026

           ==========================================================
                                   VARSHABEN SAILESHBHAI JARVARIYA
                                                Versus
                                       STATE OF GUJARAT & ORS.
           ==========================================================
           Appearance:
           MR DARSHIT M KAMDAR(11467) for the Applicant(s) No. 1
           MR RONAK RAVAL, APP for the Respondent(s) No. 1
           ==========================================================

                CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                   Date : 02/07/2026

                                                     ORAL ORDER


           1.       Learned advocate for the applicant states that in view of the
           provisions of Section 60 of Bombay Police Act,                                  the order dated
           23.04.2026, is required to be challenged before the concerned authority
           and the present application is straightway filed before this Court.

           2.       In view of the same, learned advocate for the applicant seeks
           permission to withdraw the present application.

           3.       Permission as prayed for is granted. As and when an application is
           filed challenging the order dated 23.04.2026, the authority to decide the
           same expeditiously possible, preferably within a period of one month. In
           view of the fact that the present application was filed before this Court,
           the period of limitation will not come in the way of the present applicant
           as and when the said application is filed.



                                                                                 (SANJEEV J.THAKER,J)
           URIL RANA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 02/07/2026 17:21:46

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