The application was filed in the court of Justice Anuja Prabhudesai seeking to withdraw his petition in which he had challenged Shah's discharge by the trial court in the Sohrabuddin Sheikh and Tulsiram Prajapati fake encounter killing cases.
Shaikh pleaded that he wanted to withdraw the petition as there was some "communication gap" with his lawyer.
The Judge posted the matter for hearing after two weeks.
On December 30, 2014, a CBI Court in Mumbai had discharged Shah in the alleged fake encounter cases saying there existed "no case" against him and that he had been implicated for "political reasons".
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The trial court had also ordered dropping of charges of murder, abduction and criminal conspiracy against the BJP Chief.
Sohrabuddin, an alleged gangster whom the Gujarat police had claimed to have links to Pakistan-based terror outfit Lashkar-e-Taiba, and his wife Kausar Bi, were allegedly abducted by Gujarat ATS from Hyderabad on their way to Sangli in Maharashtra, according to prosecution in the trial court.
Tulsiram, an aide of the gangster and an eyewitness to the encounter, was also allegedly killed by police at Chapri village in Banaskantha district in Gujarat in December, 2006.
Shah, who was the then Minister of State for Home in Gujarat, was alleged to have plotted the killings with some police officers. He was arrested by CBI in July, 2010 and granted bail by the Supreme Court three months later on October 29 on the condition that he will not enter Gujarat.