IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (RECALL) NO. 25178 of 2024 In R/SPECIAL CRIMINAL APPLICATION/861/2021 ============================================== SAJEEV BHARGAV EZHAVA Versus STATE OF GUJARAT & ORS. ============================================== Appearance: MR KR KOSHTI(1092) for the Applicant(s) No. 1 MR.VISHAL J DAVE(6515) for the Applicant(s) No. 1 MR JAY N SHAH(10668) for the Respondent(s) No. 6 NOTICE SERVED for the Respondent(s) No. 10,2,3,4,5,7,8,9 MR HARDIK DAVE, LEARNED PUBLIC PROSECUTOR with MS SHRUTI PATHAK, LEARNED APP for the Respondent(s) No. 1 ============================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 13/02/2026 ORAL ORDER 1) By way of present application the applicant has sought recall of the order dated 05.08.2024 passed by this Court in Special Criminal Application No.861 of 2021. 2) Today, when the matter is called out the learned Advocate for the applicant remained absent. Heard Mr. Hardik Dave, learned Public Prosecutor with Ms. Shruti Pathak, learned APP for the respondent – State. 3) The order dated 05.08.2024, passed by this Court, reads as under: “On instructions, the learned advocate for the petitioner seeks permission to withdraw the present petition at this stage, with liberty to file appropriate proceedings against the order passed by the learned Judicial Magistrate in p. 2 the Criminal Inquiry. Permission as prayed for is granted. The petitioner stands disposed of as withdrawn with above liberty. It is clarified that this Court has not gone into the merits of the case.” 4) In view of the above, question does not arise to recall the order dated 05.08.2024, for want of prosecution, even otherwise no case is made out in light of Section 362 of the Code of Criminal Procedure / Section 403 of the Bharatiya Nagarik Suraksha Sanhita, in view of the law laid down by the Hon’ble Supreme Court in the case of Raghunath Sharma vs. The State of Haryana reported in 2025 INSC 723. 5) Accordingly, the present application is dismissed. (HASMUKH D. SUTHAR,J) ANKIT JANSARI