R/CR.MA/10585/2026 ORDER DATED: 03/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (RECALL) NO. 10585 of 2026 In R/CRIMINAL REVISION APPLICATION/1598/2025 ========================================================== PATEL RASIKBHAI GANPATBHAI Versus CHAUDHARI RAMESHBHAI DALSANGBHAI & ANR. ========================================================== Appearance: MR MAHESH K POOJARA(5879) for the Applicant(s) No. 1 MR. KAUSHAL N DAVE(13999) for the Applicant(s) No. 1 MR LB DABHI, APP for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 03/07/2026 ORDER 1. The application is filed for recall of the order dated 17.4.2026 passed by this Court in Criminal Revision Application no.1598 of 2025. The order reads as under:- Learned advocate for the applicant, on instructions, seeks permission to withdraw this application. Permission as prayed for is granted. Accordingly, the present application stands disposed of as withdrawn with a liberty in favour of the applicant to approach the learned Appellate Court.” 2. The liberty by the order was reserved in favour of the applicant to approach the learned Appellate Court, where the issue is with regard to the order of the Court directing the applicant as the complainant to repay an amount of R/CR.MA/10585/2026 ORDER DATED: 03/07/2026 Rs.11,50,000/- which, as per the observation made in the order below Exhs.33 and 37 in Criminal Case no.962 of 2023 passed by the learned Additional Judicial Magistrate First Class, Vijapur dated 18.8.2025 that the amount was deposited by the accused in the Cooperative Society, which could be read by the purshis filed vide Exh.33 declaring that there was no settlement of the Cooperative Society with the accused and that the complainant was withdrawing the case and thus, recording that in view of Exh.33, since the complainant was withdrawing the case, the Court has recorded that during that process of the trial, the accused has deposited an amount of Rs.11,50,000/- and since the accused was not declared guilty, he was entitled for the said amount and when the accused had objection for referring the matter to the mediation, the learned JMFC has no option, but to reject application Exh.37 and hence, the order was made to pay the money to the accused and in default of payment for issuance of the warrant. 3. On 17.4.2026, in the matter, wherein the order is prayed to be recalled, on specific instructions, the application stood disposed of with a liberty granted to the applicant to R/CR.MA/10585/2026 ORDER DATED: 03/07/2026 approach the learned Appellate Court. The cause for making a prayer for recall of order has been recorded in Paragraph 2 of the application, which is as under:- “2. It is submitted that Advocate of the petitioner was under the impression that the above mentioned petition was the petition of Against acquittal and which is to be withdrawn because same applicant has filed couple of petition and due to same name Advocate of the petitioner thought that it has to been withdraw and Advocate of the petitioner has withdrawn this petition on 17/04/2026 during the mentioning.....” 4. The said cause does not appear to be genuine. As per the cause, it appears that the advocate of the applicant has not even verified the application filed and the order suggests that it was under instructions the permission for withdrawal was sought for which an explicit liberty so reserved. 5. For the foregoing reasons, this Court does not find any reason to entertain the prayer of recalling the order dated 17.4.2026 passed by this Court in Criminal Revision Application no.1598 of 2025 and hence, the present application stands rejected. (GITA GOPI,J) Maulik Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MAULIK RAJESH PANDYA(HC00205), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 03/07/2026 16:41:29