High Court of Gujarat

MANJUBEN W/O MANUBHAI RAJABHAI MAKWANAversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The Court held that a criminal appeal dismissed for want of prosecution may be restored upon a proper application.

Summary

The applicant, Manjuben, filed a criminal miscellaneous application seeking restoration of Criminal Appeal No. 2992 of 2025, which had been dismissed on 11 June 2026 for want of prosecution. The High Court examined the facts and the averments made in the restoration application. Considering the circumstances, the Court found no impediment to reinstating the appeal. Consequently, the application was allowed. The main criminal appeal was restored to the court's file for further hearing.

Issues considered

Whether a criminal appeal dismissed for want of prosecution can be restored upon filing of a miscellaneous application

Subjects

restoration of appealcriminal procedurewant of prosecutionHigh Court ordermiscellaneous application

Judgment

        R/CR.MA/16325/2026                                                                ORDER DATED: 28/07/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO.
                        16325 of 2026
                              In
                 R/CRIMINAL APPEAL/2992/2025

==========================================
          MANJUBEN W/O MANUBHAI RAJABHAI MAKWANA
                              Versus
                    STATE OF GUJARAT & ORS.
==========================================
Appearance:
MR JB DASTOOR(239) for the Applicant(s) No. 1
MS JYOTI BHATT APP for the Respondent(s) No. 1
==========================================

   CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                              Date : 28/07/2026

                                                   ORAL ORDER


           Present application is filed by the applicant seeking restoration
of Criminal Appeal, which came to be dismissed on 11.06.2026 for
want of prosecution.

           Considering the facts and circumstances of the case and the
averments made in the application, the application is allowed. The
main matter i.e. Criminal Appeal No.2992 of 2025 is restored to its
file.

                                                                     (HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 28/07/2026 16:52:26




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