The officer complied with the instructions of the court and withdrew the petition.
The apex court asked Bhatt to approach High Court in connection with the case.
Bhatt had challenged the legality of the proceedings initiated against him in Jamnagar custodial torture case of 1990.
An apex court bench of Justice P Sathasivam and Justice BS Chauhan had said the matter would be listed on its scheduled date after Bhatt's counsel D Sharma did not press for a stay of the trial court framing charges.
Earlier, the framing of charges was put off by the Gujarat High Court till November 21.
Bhatt was posted as assistant superintendent of police in Jam Jodhpur area of Jamnagar district in 1990 when during a flare-up, police took 133 people into custody.
All the arrested people were released on November 8, 1990. One of them, Prabhu Das Vaishnavi, who was later admitted to hospital, died on November 18, 1990.
The matter was investigated by the Crime Branch, which submitted a closure report saying that there was nothing against the police officers.
The post-mortem report of Vaishnavi said that there were no external or internal injury marks and he died of renal failure.
However, the findings of the Crime Branch were not accepted by the local court which took cognisance of the case.
The Gujarat government then took the position that its officials had acted in discharge of their official responsibilities and filed a revision petition in the session court in 1996.
The state government later withdrew the revision petition, thereby exposing Bhatt to face prosecution.
Bhatt contended that the government was doing all this to victimise him as he had accusing Chief Minister Narendra Modi of complacity in the during 2002 communal riots in the state.
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