KAMLESHKUMARI PANCHAMSINGH THAKUR(THAKORE)versusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The criminal appeal is restored to its original status.
Summary
The applicant filed a criminal miscellaneous application seeking restoration of a criminal appeal that had been dismissed on 30.04.2026 because the appellant failed to appear on the second call. The High Court had dismissed the appeal on procedural grounds. The applicant’s counsel explained the reasons for the non‑appearance in paragraph 2 of the application. After hearing the counsel and reviewing the reasons, the Court found them sufficient and allowed the restoration application, thereby reinstating the appeal to its original status. No substantive merits of the appeal were addressed; the order dealt solely with procedural restoration.
Issues considered
- Whether a criminal appeal dismissed for non‑appearance can be restored on the basis of reasons provided by the applicant.
Subjects
Judgment
R/CR.MA/17666/2026 ORDER DATED: 29/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 17666 of
2026
In R/CRIMINAL APPEAL/1756/2022
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KAMLESHKUMARI PANCHAMSINGH THAKUR(THAKORE)
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KV SHELAT(834) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
REFUSED SERVED (N)(10) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 29/07/2026
ORAL ORDER
1. The present application is filed seeking restoration of the
captioned Criminal Appeal.
2. This Court by an order dated 30.04.2026 had dismissed the
captioned appeal in view of the fact that none appeared when the
matter was called out in the second call.
3. Learned advocate for the applicant stated the reasons at para
nos.2 of the application for not remaining present.
4. Having heard learned advocate for the applicant and having
considered the application, sufficient reasons have been mentioned
in the application for not remaining present when the matter was
called out. In view of the same, the present application is allowed.
The captioned matter is restored to its original status.
(SANJEEV J.THAKER,J)
URIL RANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 29/07/2026 16:40:37
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