High Court of Gujarat

AJAY VINODKUMAR VADIYAversusSTATE OF GUJARAT

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: VIMAL K VYAS

Holding

The application is dismissed for want of prosecution.

Summary

The petitioners filed a criminal miscellaneous application seeking to quash and set aside an FIR/order. They failed to appear at any of the hearings despite multiple adjournments. The court observed that the applicant appeared uninterested in pursuing the matter. The issue before the court was whether the application could be entertained in the absence of the applicant. Finding that the application could not be prosecuted without the applicant’s presence, the court dismissed it for want of prosecution.

Issues considered

Whether a criminal miscellaneous application can proceed in the absence of the applicant

Subjects

Criminal Procedure CodeCriminal Miscellaneous ApplicationNon-appearanceDismissal for want of prosecutionProcedural default

Judgment

          R/CR.MA/22335/2025                                               ORDER DATED: 21/01/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                        FIR/ORDER) NO. 22335 of 2025
    ==========================================================
                               AJAY VINODKUMAR VADIYA & ANR.
                                           Versus
                                  STATE OF GUJARAT & ANR.
    ==========================================================
    Appearance:
    MR HIRENKUMAR M NIYALCHANDANI(9959) for the Respondent(s) No. 2
    MS. ASMITA PATEL, APP for the Respondent(s) No. 1
    ==========================================================

         CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                           Date : 21/01/2026

                                             ORAL ORDER
    1.       Order-sheets           reflect       that      on     every        occasion,         none
    appeared for the applicant when the matter is called out.


    2.       On 07.01.2026, this Court has passed following order : -

             “1.     None appears for the applicant, when the matter is called out.
              2.     In the interest of justice, stand over to 21.01.2026.”


    3.       Today also, the situation remains unaltered. None appears
    for the applicant, when the matter is called out. It appears that
    the applicant is not interested to proceed in the matter.


    4.       In view of the above, the present Criminal Misc.
    Application stands dismissed for want of prosecution.


                                                                               (VIMAL K. VYAS, J)
    AMAR SINGH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMAR SINGH(HC01081), PRIVATE SECRETARY, at High Court of Gujarat on 21/01/2026 17:20:28




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