Permitting petition withdrawal reaffirms the Court’s inherent procedural discretion; no substantive transfer precedent is created.
Summary
| Category | Data |
|---|---|
| Case Name | CR.MA/16638/2025 of DHIRAJBA D/O. MOBATSINH JASWANTSINH VAGHELA W/O. BHARATSINH RAISINH JADEJA Vs PRUTHVIRAJSINH MOBATSINH VAGHELA |
| CNR | GJHC240549322025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Disposed of as withdrawn |
| Judgment Author | Honourable Mr. Justice Nirzar S. Desai |
| Court | High Court of Gujarat at Ahmedabad |
| Bench | Single-Judge Bench |
| Facts as Summarised by the Court | The petitioner, under instructions, sought permission to withdraw the transfer petition. |
Arguments by the Parties
Petitioner
- On instructions, moved to withdraw the pending Criminal Miscellaneous Application for transfer.
- Requested disposal of the petition as withdrawn without further proceedings.
Respondent-State
- Learned APP waived service of rule and did not oppose the petitioner’s request.
Factual Background
- The petitioner filed Criminal Miscellaneous Application (for transfer) No. 16638 of 2025 in the High Court of Gujarat.
- At the hearing, senior counsel for the petitioner sought permission to withdraw the application under client instructions.
- The learned Additional Public Prosecutor waived service of rule and did not contest withdrawal.
- The Court granted permission, disposed of the petition as withdrawn, and discharged the rule without examining merits.