R/CR.MA/16235/2019 ORDER DATED: 19/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 16235 of 2019 ========================================================== KHODABHAI MOTIBHAI PATEL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ANKIT SHAH(6371) for the Applicant(s) No. 1 MR.JAY S SHAH(7244) for the Applicant(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2 MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 19/09/2025 ORAL ORDER The petitioner has been arraigned as witness in the charge sheet. Learned APP places on record report of the investigating officer, which is taken on record. According to the report, learned APP submits that as of now, there is no material available against the petitioner to array him as accused in the questioned FIR. He further submits that the petitioner was arrested subsequent to filing of the charge sheet in a typical surrounding circumstances and only after issuance of warrant u/s 70 of the Code of Criminal Procedure, 1973, wherein, at previous occasion, he was running away. However, nothing incriminating material is found against the petitioner. He further submits that if any incriminating evidence is found against the petitioner to charge sheet him, R/CR.MA/16235/2019 ORDER DATED: 19/09/2025 it will not only be informed to the petitioner, but also to the learned trial Court and a clear seven days’ time shall be granted. Upon above submission of learned APP, learned advocate for the petitioner, upon instructions, seeks permission to withdraw present petition with a liberty to file appropriate proceedings before appropriate Court in case of difficulty. Permission granted. The petition stands disposed of as withdrawn with above liberty. Notice discharged. Interim relief granted earlier stands vacated. It is clarified that this Court has not examined the merits of the matter. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 19/09/2025 14:43:09