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High Court of Gujarat

BHADIYADI VISHAL BABUBHAIversusSTATE OF GUJARAT

Disposal
37-DISMISSED FOR DEFAULT @ ADMISSION

Holding

The application was dismissed for want of prosecution due to the applicant's failure to appear.

Summary

Bhadiyadi Vishal Babubhai filed a criminal miscellaneous application seeking leave to appeal against the State of Gujarat. The applicant's counsel, S.B. Sutaria, failed to appear on the scheduled date of 02‑12‑2025 and again on 08‑01‑2026, the latter being the second call. No request for adjournment was made by the applicant. The learned Judge observed that the applicant had not prosecuted the matter despite two opportunities. Consequently, the application was dismissed for want of prosecution. The order was signed by Justice Sanjeev J. Thaker and the Principal Private Secretary of the High Court.

Issues considered

  • What is the appropriate consequence when the applicant's counsel fails to appear for a scheduled hearing without seeking an adjournment?

Subjects

criminal appealwant of prosecutionnon‑appearanceprocedural dismissalhigh court order

Judgment

        R/CR.MA/16245/2025                                                                ORDER DATED: 08/01/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 16245
                             of 2025

                                  In F/CRIMINAL APPEAL/31363/2025

 ==========================================================
                                      BHADIYADI VISHAL BABUBHAI
                                                Versus
                                       STATE OF GUJARAT & ANR.
 ==========================================================
 Appearance:
 S B SUTARIA(7651) for the Applicant(s) No. 1
 MR YUVRAJ BRAHBHATT, APP for the Respondent(s) No. 1
 ==========================================================

    CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                  Date : 08/01/2026

                                                    ORAL ORDER


                       None present even in the second call, nor any

 request for adjournment is made today. On 02.12.2025 also,

 the learned advocate for the applicant was not remained

 present. In view of the same, the matter is dismissed for

 want of prosecution.


                                                                                      (SANJEEV J.THAKER,J)
 M.H. DAVE


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/01/2026 18:08:17




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