Clarification that a transfer petition may be withdrawn and disposed of at the petitioner’s request without the court examining merits
Summary
| Category | Data |
|---|---|
| Case Name | CR.MA/16413/2025 of PRAVINABA D/O MOBATSINH JASWANTSINH VAGHELA W/O DAIVATSINH BHIMSINH JADEJA Vs PRUTHVIRAJSINH MOBATSINH VAGHELA |
| CNR | GJHC240549582025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Withdrawn |
| Judgment Author | Honourable Mr. Justice Nirzar S. Desai |
| Court | High Court of Gujarat at Ahmedabad |
| Bench | Single Judge |
| Facts as Summarised by the Court | Petition withdrawn at the outset; no examination of merits undertaken |
Arguments by the Parties
Petitioner
- Under instructions, sought permission to withdraw the transfer petition.
Respondent-State
- The learned APP waived service of rule, indicating no objection to withdrawal.
Factual Background
The petitioner filed R/CR.MA/16413/2025 seeking transfer of proceedings. At the first hearing, senior counsel for the petitioner sought permission to withdraw the petition. The learned Additional Public Prosecutor waived service of rule on behalf of the State. The High Court granted withdrawal and disposed of the petition without considering its merits.