High Court of Gujarat

HARUNBHAI VALIBHAI BAREJIYAversusCOLLECTOR OF RAJKOT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The court allowed the restoration of Special Criminal Application No.1310 of 2025.

Summary

The petitioners filed a criminal miscellaneous application seeking restoration of Special Criminal Application No.1310 of 2025, which had been dismissed for non‑prosecution. The respondents opposed the restoration. The court examined the averments made in the petition and considered the principle of giving a final opportunity to the petitioners. It found no substantive impediment to reinstating the dismissed application. Consequently, the court ordered that the Special Criminal Application be restored to its original filing status, thereby granting the petitioners a last chance to pursue their claim.

Issues considered

Whether a Special Criminal Application dismissed for non‑prosecution can be restored?

Subjects

restorationspecial criminal applicationnon-prosecutionhigh courtGujarat

Judgment

       R/CR.MA/16581/2025                                                          ORDER DATED: 23/01/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 16581 of
                              2025
         In R/SPECIAL CRIMINAL APPLICATION/1310/2025
==========================================================
               HARUNBHAI VALIBHAI BAREJIYA & ORS.
                             Versus
                  COLLECTOR OF RAJKOT & ORS.
==========================================================
Appearance:
MR PRASHANT V CHAVDA(8510) for the Applicant(s) No. 1,2,3,4,5,6,7
MS VRUNDA SHAH, APP for the Respondent(s) No. 9
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                            Date : 23/01/2026
                                             ORAL ORDER


          Present application is 7led requesting to restore Special Criminal
Application No.1310 of 2025 which came to be dismissed for non-
prosecution.

          Heard the learned advocate for the applicants and learned APP for
respondent No.9.

          Considering the averments made in the application and only with a
view to give one last chance to the applicants, present application is
allowed. Special Criminal Application No.1310 of 2025 is hereby ordered to
be restored to its original 7le.



                                                                    (HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/01/2026 16:15:45




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