High Court of Gujarat

HARIVANDAN PRABHASHANKER THAKERversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: SANJEEV THAKER

Holding

The Court held that the main criminal matter dismissed for want of prosecution may be restored.

Summary

Harivandan Prabhashanker Thaker filed a criminal miscellaneous application seeking restoration of the main criminal matter that had been dismissed for want of prosecution. The applicant argued that the dismissal was premature and that the case should be reinstated. The respondent, the State of Gujarat, opposed the restoration. The Hon'ble Justice Sanjeev J. Thaker examined the submissions and the procedural history of the case. Finding merit in the applicant's request, the Court allowed the application and ordered that the main matter be restored to the file for further prosecution.

Issues considered

Whether a criminal case dismissed for want of prosecution can be restored by a miscellaneous application

Subjects

restoration of criminal proceedingswant of prosecutioncriminal miscellaneous applicationhigh court

Judgment

        R/CR.MA/11960/2026                                                                   ORDER DATED: 30/06/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 11960 of
                                2026

                                    In R/CRIMINAL APPEAL/2321/2022

  ==========================================================
                             HARIVANDAN PRABHASHANKER THAKER
                                           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 14:24:18




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