High Court of Gujarat
BHADIYADI VISHAL BABUBHAIversusSTATE OF GUJARAT
- Decided
- Disposal
- 37-DISMISSED FOR DEFAULT @ ADMISSION
- Bench
- SANJEEV THAKER
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 appeal
- want of prosecution
- non‑appearance
- procedural dismissal
- high 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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