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High Court of Gujarat

TULSHI RASULBHAI RATHVAversusSTATE OF GUJARAT

Decided
Disposal
43-DISMISSED FOR DEFAULT @ FH

Holding

The court held that the proceedings will be dismissed for default if the applicants do not remove the office objections within the stipulated time.

Summary

The applicants, represented by Mr. Ankit B. Pandya, filed multiple criminal miscellaneous applications seeking to quash FIRs and orders. The High Court observed that the applicants had not complied with the court's earlier directions to remove office objections, particularly regarding the insufficiency of court fees. The court directed the applicants to rectify the fee objection within one week and to address all other office objections within two weeks. It warned that failure to do so would result in the dismissal of the present proceedings for default. The order was signed by Justice J.C. Doshi and digitally recorded on 30 July 2025.

Issues considered

  • Whether the proceedings should be dismissed for default due to the applicants' failure to remove office objections, including insufficiency of court fees

Subjects

  • court fees
  • office objections
  • default dismissal
  • criminal miscellaneous applications
  • procedural compliance

Judgment

R/CR.MA/1902/2021                       ORDER DATED: 29/07/2025




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
              FIR/ORDER) NO. 1902 of 2021

                           With
       R/CRIMINAL MISC.APPLICATION NO. 14615 of 2020
                           With
        R/CRIMINAL MISC.APPLICATION NO. 442 of 2021
                           With
        R/CRIMINAL MISC.APPLICATION NO. 2240 of 2021
                           With
        R/CRIMINAL MISC.APPLICATION NO. 3170 of 2021
                           With
        R/CRIMINAL MISC.APPLICATION NO. 3282 of 2021
                           With
        R/CRIMINAL MISC.APPLICATION NO. 7479 of 2021
                           With
      R/SPECIAL CRIMINAL APPLICATION NO. 7804 of 2021
                           With
   CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of 2025
    In R/SPECIAL CRIMINAL APPLICATION NO. 7804 of 2021
                           With
       R/CRIMINAL MISC.APPLICATION NO. 12602 of 2021
                           With
       R/CRIMINAL MISC.APPLICATION NO. 13055 of 2021
                           With
        R/CRIMINAL MISC.APPLICATION NO. 8422 of 2020
                           With
       R/CRIMINAL MISC.APPLICATION NO. 10779 of 2020
                           With
        R/CRIMINAL MISC.APPLICATION NO. 9041 of 2020
                           With
       R/CRIMINAL MISC.APPLICATION NO. 12020 of 2020
                           With
       R/CRIMINAL MISC.APPLICATION NO. 13699 of 2020
                           With
       R/CRIMINAL MISC.APPLICATION NO. 16107 of 2020
                           With
        R/CRIMINAL MISC.APPLICATION NO. 373 of 2021
                           With
        R/CRIMINAL MISC.APPLICATION NO. 4234 of 2021
                           With
       R/CRIMINAL MISC.APPLICATION NO. 11022 of 2021
                           With
       R/CRIMINAL MISC.APPLICATION NO. 11078 of 2021
                           With
       R/CRIMINAL MISC.APPLICATION NO. 11348 of 2021
                           With
       R/CRIMINAL MISC.APPLICATION NO. 19062 of 2021
                           With
       R/CRIMINAL MISC.APPLICATION NO. 19930 of 2021
                           With


                         Page 1 of 3
    R/CR.MA/1902/2021                             ORDER DATED: 29/07/2025




         R/CRIMINAL MISC.APPLICATION NO. 10897 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 13508 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 15582 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 15850 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 15916 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 15973 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 16250 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 16332 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 8487 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 16673 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 17462 of 2020
                            With
 CRIMINAL MISC.APPLICATION (MODIFICATION OF ORDER) NO. 1 of
                            2021
       In R/CRIMINAL MISC.APPLICATION NO. 17462 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 17976 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 18898 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 18932 of 2020
                            With
          R/CRIMINAL MISC.APPLICATION NO. 646 of 2021
                            With
         R/CRIMINAL MISC.APPLICATION NO. 1637 of 2021
                            With
         R/CRIMINAL MISC.APPLICATION NO. 1072 of 2021
                            With
         R/CRIMINAL MISC.APPLICATION NO. 12973 of 2021
==========================================================
                        AMBALAL HIRABHAI PATEL
                                 Versus
                        STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR ANKIT B PANDYA(5906) for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                            Date : 29/07/2025

                             ORAL ORDER



                                Page 2 of 3
      R/CR.MA/1902/2021                                                  ORDER DATED: 29/07/2025




         It is reported that the applicants/appellants have not removed

office objections as per the remarks. In these matters, the

applicants/appellants are hereby directed to see that the office

objections regarding insufficiency of Court fees are removed on or

before one week from today and other office objections to be

removed within two weeks from today, failing which, present

proceedings shall stand dismissed for default for non-removal of

office objections without referring the matter to the Court.


                                                                                    (J. C. DOSHI,J)
MANISH MISHRA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANISH MISHRA(HC01776), STENO GR II, at High Court of Gujarat on 30/07/2025 12:21:29




                                               Page 3 of 3


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