High Court of Gujarat
MANJUBEN W/O MANUBHAI RAJABHAI MAKWANAversusSTATE OF GUJARAT
- Decided
- Disposal
- 37-DISMISSED FOR DEFAULT @ ADMISSION
- Bench
- HEMANT M PRACHCHHAK
Holding
The appeal is dismissed for default for want of prosecution.
Summary
The appellant, Manjuben, filed a criminal appeal against an acquittal by the State of Gujarat. The appeal was scheduled for hearing, but the appellant's counsel failed to appear and made no request for adjournment. The court noted that the matter had been called out three times. Consequently, the court dismissed the appeal for default due to the lack of prosecution. The notice against the respondents was discharged.
Issues considered
- What is the appropriate course of action when the appellant's counsel fails to appear for a scheduled hearing without seeking an adjournment?
Subjects
- criminal appeal
- default judgment
- non-appearance
- procedural law
- acquittal
Judgment
R/CR.A/2992/2025 ORDER DATED: 11/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 2992 of 2025
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MANJUBEN W/O MANUBHAI RAJABHAI MAKWANA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR HARESH A PATEL(3822) for the Appellant(s) No. 1
MR JB DASTOOR(239) for the Appellant(s) No. 1
MR. VISHVESH R. ACHARYA(14664) for the Opponent(s)/Respondent(s)
No. 3,4,5
NOTICE UNSERVED for the Opponent(s)/Respondent(s) No. 2
MS JYOTI BHATT, ADDL. PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 11/06/2026
ORDER
Thrice the matter was called out. Learned counsel for the
appellant has neither personally remained present nor any request for
adjournment is made.
Hence, the matter is dismissed for default for want of
prosecution. Notice is discharged.
(HEMANT M. PRACHCHHAK,J)
Dolly
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 11/06/2026 17:39:17
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