High Court of Gujarat
DAXABEN DINESHCHANDRA CHAPATWALAversusSTATE OF GUJARAT
- Decided
- Disposal
- 43-DISMISSED FOR DEFAULT @ FH
- Bench
- SANJEEV THAKER
Holding
The appeal is dismissed for want of prosecution.
Summary
The appellant, Daxaben Dineshchandra Chapatwala, filed a criminal appeal against the acquittal granted by the trial court in a case instituted by the State of Gujarat. The appeal was listed before the High Court of Gujarat, but the appellant's counsel did not appear on the second call and no request for adjournment was made. The matter had been pending since 2019, indicating a prolonged delay. The Court observed that the appellant had failed to prosecute the appeal despite the long pendency. Consequently, the Court dismissed the appeal for want of prosecution, effectively upholding the original acquittal.
Issues considered
- What is the effect of the appellant's failure to appear and prosecute the appeal?
Subjects
- criminal appeal
- acquittal
- want of prosecution
- procedural default
- dismissal
Judgment
R/CR.A/751/2019 ORDER DATED: 30/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 751 of 2019
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DAXABEN DINESHCHANDRA CHAPATWALA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MIHIR VAKHARIYA(8336) for the Appellant(s) No. 1
MS SHRUTI PATHAK, APP for the Opponent(s)/Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 30/04/2026
ORAL ORDER
None present for the applicant when the matter is
called out in the second call, nor any request for
adjournment is made,
Considering the fact that the matter is pending since
the year 2019, the matter is dismissed for want of
prosecution.
(SANJEEV J.THAKER,J)
URIL RANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 30/04/2026 16:49:51
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