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2006 DAILYLAW 865 (GUJ)

RAMESHBHAI NAGJIBHAI DESAI v. STATE OF GUJARAT

CR.RA/156/2006 · 2026-03-18

Hasmukh D Suthar

body2006

Judgment text

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R/CR.RA/156/2006 ORDER DATED: 18/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST ACQUITTAL) NO. 156 of 2006 ========================================================== RAMESHBHAI NAGJIBHAI DESAI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR BS KHATANA(3671) for the Applicant(s) No. 1 MR PR NANAVATI(508) for the Applicant(s) No. 1 MR MEHUL SHARAD SHAH(773) for the Respondent(s) No. 10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,3,4,5,6,7,8,9 MR TUSHAR CHAUDHARY(5316) for the Respondent(s) No. 10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,3,4,5,6,7,8,9 MR ROHAN RAVAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 18/03/2026 ORDER Heard learned advocate appearing for the applicant and learned APP for respondent – State of Gujarat. Present revision application is <led by the applicant – original complainant under Section 397 read with Section 401 of the CrPC assailing the order dated 25.01.2006 passed by the learned Special Judge & Sessions Judge, Banaskantha, at Palanpur in Special Case No.59/2004 whereby the respondent Nos.2 to 24 herein – original accused have been acquitted. Considering the provision of section 401(3) of the CrPC as well as statutory right provided under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, learned advocate for the applicant upon instructions seeks permission to withdraw the present application with liberty to <le appropriate R/CR.RA/156/2006 ORDER DATED: 18/03/2026 proceeding before appropriate forum. Permission as prayed for is granted. Present application is disposed of with above liberty. It is needless to say that as the revision application was <led within limitation period and now the applicant wants to <le appropriate proceeding before appropriate forum as provided under the Statute, it is kept open for the applicant to <le appropriate proceeding before appropriate forum which shall not be barred by limitation. It is made clear that this Court has not examined the merits of the case. Rule is hereby discharged. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/03/2026 14:57:36