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2026 Supreme(Online)(Guj) 22830

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. Thakker, J
Sheikh Salim Shekhbabu – Appellant
Versus
State Of Gujarat – Respondent
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9669 of 2026



Important Points

The application was disposed of as not pressed after the Home Department appointed a new Special Public Prosecutor under Section 18(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Subject

Criminal Law - Quashing Application

Act Referred

BNSS, 2023: S.18(8)

Headnote

(A) Criminal Procedure - Appointment of Special Public Prosecutor - Exercise of power under Section 18(8) of BNSS, 2023 - The appointment of a new Special Public Prosecutor by the Home Department may lead to the applicant choosing not to press the current application. (Para 2)

Issues: Whether the application should be continued following the change in the appointment of the Special Public Prosecutor.

Advocates:
For the Appellants/Petitioners: Devarsh P Pandya
For the Respondents: Hardik Dave, Meet Thakkar

Table of Content
1. appointment of special public prosecutor under section 18(8) of bnss, 2023. (Para 1 , 2)
2. disposal of application as not pressed by the applicant. (Para 3 , 4)

ORAL ORDER

1. Learned Public Prosecutor Mr.Hardik Dave has placed on record the notification dated 31.07.2026 issued by the Home Department.

2. The notification dated 31.07.2026 issued by the Home Department states that the appointment of Mr.Atul Vyas and Mr.Bhavin Purohit as Special Public Prosecutor are discontinued with immediate effect. Vide this notification, it is stated that in exercise of the powers conferred by sub-Section (8) of Section 18 of the BNSS, 2023 , Mr.Shailendrasinh I.Ghariya, Advocate is now appointed as Special Public Prosecutor for conducting the case of Fatehgunj Police Station C.R. No. 11196012200614/2020 at District Vadodara.

3. In view of above, learned advocate Mr.Devarsh Pandya does not press this application.

4. Therefore, present application is disposed of as not pressed.

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