HARIVADAN PRABHASHANKER THAKER PARTNER OF CASE PHARMAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court held that the main matter may be restored upon a proper application and consideration of the parties' submissions.
Summary
Harivadan Prabhashanker Thaker, a partner of Case Pharma, filed a criminal miscellaneous application seeking restoration of a main criminal appeal that had been dismissed for want of prosecution. The appeal, titled R/Criminal Appeal/2146/2022, involved the State of Gujarat and other respondents. The applicant contended that the dismissal was premature and that the case should be reinstated for further adjudication. The learned counsel for the applicant presented averments and submissions before the Hon'ble Justice Sanjeev J. Thaker. After considering these submissions, the court found merit in the application. Consequently, the court ordered that the main matter be restored to the file.
Issues considered
- Whether a criminal appeal dismissed for want of prosecution can be restored upon filing a miscellaneous application?
Subjects
Judgment
R/CR.MA/11924/2026 ORDER DATED: 30/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 11924 of
2026
In R/CRIMINAL APPEAL/2146/2022
==========================================================
HARIVADAN PRABHASHANKER THAKER PARTNER OF CASE PHARMA
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS AN RAMNANI FOR MR NL RAMNANI(2400) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
==========================================================
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 16:48:45
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