MAHENDRAKUMAR KASHIBHAI PATEL THRO ARPAN MAHENDRAKUMAR PATELversusRAJESHKUMAR CHUNILAL CHUDAGAR
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court held that the main matter dismissed for want of prosecution may be restored.
Summary
The appellant, Mahendrakumar Patel, filed a criminal miscellaneous application seeking restoration of the main criminal matter that had been dismissed for want of prosecution. The respondent, Rajeshkumar Chudagar, opposed the application. The learned counsel for the applicant argued that the dismissal was premature and that the case should be reinstated to allow the prosecution to proceed. The court examined the submissions and found no impediment to restoring the case. Consequently, the High Court allowed the application and ordered that the main matter be restored to the file.
Issues considered
- Whether a criminal case dismissed for want of prosecution can be restored upon application of the appellant?
Subjects
Judgment
R/CR.MA/11333/2026 ORDER DATED: 30/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 11333 of
2026
In R/CRIMINAL APPEAL/328/2022
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MAHENDRAKUMAR KASHIBHAI PATEL THRO ARPAN
MAHENDRAKUMAR PATEL
Versus
RAJESHKUMAR CHUNILAL CHUDAGAR & ANR.
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Appearance:
MR JAY H PATEL(10195) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 30/06/2026
ORAL ORDER
Considering the averments made in the application
and the submissions made by learned advocate for the
applicant, this application, which is filed for restoration of
the main matter, which was dismissed for want of
prosecution, is allowed. The main matter is restored to file.
(SANJEEV J.THAKER,J)
SRILATHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/06/2026 14:23:44
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