High Court of Gujarat

HARSHAD JIVANBHAI BADEJAversusSTATE OF GUJARAT

Disposal: 97-DISPOSED AS TRANSFER TO DISTRICT/SESSION COURT N.I. ACT.
Bench: SANJEEV THAKER

Holding

The appeal is dismissed for want of prosecution.

Summary

Harshad Jivanbhai Badeja appealed against his acquittal in a criminal case before the Gujarat High Court. Along with the appeal, a criminal miscellaneous application for additional evidence was filed. The matter was listed for hearing, but neither the appellant nor the respondent appeared, and no request for adjournment was made. The court observed that the prosecution had not been presented before it. Accordingly, Justice Sanjeev J. Thaker dismissed the appeal for want of prosecution. The order was signed and entered on 11 February 2026.

Issues considered

Whether the appeal can proceed in the absence of any prosecution evidence
Whether dismissal for want of prosecution is warranted under procedural law

Subjects

criminal appealacquittaldismissalwant of prosecutionprocedural default

Judgment

           R/CR.A/434/2023                                                              ORDER DATED: 11/02/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 434 of 2023

                                With
   CRIMINAL MISC.APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 1 of
                                2023
                In R/CRIMINAL APPEAL NO. 434 of 2023
  ==========================================================
                                       HARSHAD JIVANBHAI BADEJA
                                                 Versus
                                        STATE OF GUJARAT & ANR.
  ==========================================================
  Appearance:
  MS SHUBHA B TRIPATHI(5597) for the Appellant(s) No. 1
  BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 2
  MR ASHISH M DAGLI(2203) for the Opponent(s)/Respondent(s) No. 2
  MR UTKARSH SHARMA, APP for the Opponent(s)/Respondent(s) No. 1
  ==========================================================

     CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                  Date : 11/02/2026

                                                     ORAL ORDER


                        None          present           even        in the            third call, nor                    any

  request for adjournment is made.



                        In view of the same, the matter is dismissed for
  want of prosecution.


                                                                                       (SANJEEV J.THAKER,J)
  M.H. DAVE

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 11/02/2026 17:29:23




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