High Court of Gujarat
GAURIBEN DAMJIBHAI KHORABAversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The application for leave to appeal is dismissed for want of prosecution due to the applicant's failure to appear.
Summary
The applicant, Gauriben Damjibhai Khoraba, filed a criminal miscellaneous application seeking leave to appeal against the judgment in Criminal Appeal No. 21086 of 2025. The application was listed for hearing, but the applicant's counsel, Denish V. Mavadhiya, did not appear on the second call and no request for adjournment was made. The respondent, the State of Gujarat, was represented by Yuvraj Brahmbhatt. The Hon'ble Justice Sanjeev J. Thaker observed the absence of the applicant and the lack of any request for a further hearing. Consequently, the court dismissed the application for want of prosecution, thereby refusing leave to appeal.
Issues considered
- What is the appropriate course of action when an applicant fails to appear for a scheduled hearing and makes no request for adjournment in a criminal miscellaneous application for leave to appeal?
Subjects
- Criminal Procedure Code
- Leave to Appeal
- Dismissal for Want of Prosecution
- High Court of Gujarat
- Criminal Miscellaneous Application
Judgment
R/CR.MA/10948/2025 ORDER DATED: 05/12/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 10948
of 2025
In
F/CRIMINAL APPEAL NO. 21086 of 2025
================================================================
GAURIBEN DAMJIBHAI KHORABA
Versus
STATE OF GUJARAT & ANR.
================================================================
Appearance:
DENISH V MAVADHIYA(9207) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 05/12/2025
ORAL ORDER
None present for the applicant in the second call nor any
request for adjournment is made.
In view of the same, the present Criminal Misc.
Application is dismissed for want of prosecution.
(SANJEEV J.THAKER,J)
Manoj Kumar Rai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 05/12/2025 15:17:38
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