Gujarat HC Disposes of Quashing Petition After State Replaces Special Public Prosecutor in Fatehgunj Case

The Gujarat High Court disposed of a quashing petition after the Home Department replaced two Special Public Prosecutors with a new appointee under the BNSS, 2023, prompting the applicant to withdraw the challenge.

Justice M. K. Thakker, sitting singly at the High Court of Gujarat at Ahmedabad, disposed of Special Criminal Application (Quashing) No. 9669 of 2026 on 31 July 2026. The application filed by Sheikh Salim Shekhbabu was withdrawn after the State placed before the court a Home Department notification, issued the same day, discontinuing two existing Special Public Prosecutors and appointing a fresh one for the case arising from Fatehgunj Police Station C.R. No. 11196012200614/2020 at District Vadodara.

The Appointment Change That Prompted Withdrawal

Public Prosecutor Hardik Dave placed the Home Department notification dated 31 July 2026 on record during the hearing. The notification stated that the appointments of Mr. Atul Vyas and Mr. Bhavin Purohit as Special Public Prosecutors were discontinued with immediate effect.

In their place, the Home Department appointed Mr. Shailendrasinh I. Ghariya, Advocate, as Special Public Prosecutor to conduct the prosecution in C.R. No. 11196012200614/2020 at District Vadodara. The appointment was made in exercise of powers under sub-section (8) of Section 18 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Applicant's Response

Upon the notification being placed on record, the applicant's advocate, Mr. Devarsh P. Pandya, stated that he did not press the quashing application. No substantive arguments on the merits of the petition were addressed by the court.

Outcome

The court disposed of the application as not pressed. No directions on the merits were issued.