High Court of Gujarat

RAJENDRAPRASAD BHAGIRATHBHAI RATHODversusSTATE OF GUJARAT

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: SANJEEV THAKER

Holding

The appeal is dismissed for want of prosecution due to the non‑appearance of the parties.

Summary

The appellant, Rajendraprasad Bhagirathbhai Rathod, filed a criminal appeal against the State of Gujarat and another respondent. The matter was listed before the High Court of Gujarat, but no party appeared for the hearing despite two calls. No request for adjournment was made by either side. The Court, noting the absence of the parties and the lack of any request to postpone, dismissed the appeal for want of prosecution. Consequently, the appeal was terminated without a substantive examination of the merits.

Issues considered

What is the appropriate course of action when parties fail to appear for a scheduled hearing in a criminal appeal?
Is dismissal for want of prosecution justified in the absence of any request for adjournment?

Subjects

criminal appealwant of prosecutiondismissalprocedural defaultcourt order

Judgment

     R/CR.MA/25550/2024                                                  ORDER DATED: 29/01/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 25550
                             of 2024
                                In
                  F/CRIMINAL APPEAL/49307/2024
                              With
               F/CRIMINAL APPEAL NO. 49307 of 2024
================================================================
                  RAJENDRAPRASAD BHAGIRATHBHAI RATHOD
                                  Versus
                         STATE OF GUJARAT & ANR.
================================================================
Appearance:
D K PATEL(7571) for the Applicant(s) No. 1
MR. H. A. CHHATRIWALA(14649) for the Applicant(s) No. 1
MR DHRUV K DAVE(6928) for the Respondent(s) No. 2
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
================================================================
  CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                        Date : 29/01/2026
                                         ORAL ORDER
                                                       nd
         None appeared even in 2                            call nor any request for

adjournment is made.



         In view of the same, this matter is dismissed for want

of prosecution.


                                                                      (SANJEEV J.THAKER,J)



Manoj Kumar Rai




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 29/01/2026 14:10:53




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