R/CR.MA/17381/2025 ORDER DATED: 09/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 17381 of 2025 ========================================================== KANUBHAI MENSINHBHAI LAKHNOTRA & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR BM MANGUKIYA(437) for the Applicant(s) No. 1,2 MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1,2 MR TRUPESH KATHIRIYA, PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 09/09/2025 ORAL ORDER Rule. Learned APP waives service of rule for the Respondent-State. 1. At the outset, learned APP, Mr. Kathiriya, appearing for the Respondent-State pointed out that ‘B’ summary is filed qua Petitioner No.2, though, it is not accepted by the concerned Court, whereas, the charge has already been framed qua Petitioner No.1 in Criminal Case No. 873 of 2025 by the learned Additional Chief Judicial Magistrate, Rajula, on 24.07.2025. 2. In view of the above, learned Advocate, Mr. Mangukiya, does not press this petition qua Petitioner No.2 with a liberty to file a fresh petition qua Petitioner No.2, as the ‘B’ R/CR.MA/17381/2025 ORDER DATED: 09/09/2025 summary is not accepted by the concerned Court, yet. 2.1 Insofar as, petitioner No.1 is concerned, learned Advocate, Mr. Mangukiya, under the instructions, seeks permission to withdraw this petition with a view to file an appropriate application / discharge application before the concerned Court. 3. Heard. Permission, as prayed for with the liberty to file a fresh petition qua Petitioner No.2 only, is granted. This petition stands disposed of, as withdrawn. It is clarified that this Court has not examined the merits of the mater and therefore, as and when an application is filed, the concerned Court shall examine the same on its own merits without being influenced by the present withdrawal. Rule is discharged. (NIRZAR S. DESAI,J) UMESH/- Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 09/09/2025 17:45:30