High Court of Gujarat
HARSHAD JIVANBHAI BADEJAversusSTATE OF GUJARAT
- Decided
- 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 appeal
- acquittal
- dismissal
- want of prosecution
- procedural 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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