High Court of Gujarat
AMIBEN KALPESHKUMAR BHAVSARversusKALPESHKUMAR PRAFULBHAI BHAVSAR
- Decided
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The application for restoration was allowed and the main matter was restored to its original file subject to payment of costs.
Summary
Amiben Kalpeshkumar Bhavsar filed a special criminal application seeking restoration of the main criminal matter against Kalpeshkumar Prafulbhai Bhavsar and another. The High Court examined the application and considered whether the proceedings could be reinstated in the original file. The Court held that the restoration was permissible and ordered the main matter to be restored to its original file. It imposed a condition that the applicant deposit a cost of Rs.5,000 with the Gujarat High Court Advocates’ Law Library within seven days. The Court also permitted the applicant’s counsel to file a vacating petition in the main matter. Consequently, the application was allowed and the restoration was effected subject to the cost payment.
Issues considered
- Whether the main criminal matter can be restored to its original file upon application
Subjects
- restoration
- criminal procedure
- cost
- high court order
- vacating petition
Judgment
R/CR.MA/26109/2025 ORDER DATED: 05/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 26109 of
2025
In R/SPECIAL CRIMINAL APPLICATION/5700/2019
==========================================================
AMIBEN KALPESHKUMAR BHAVSAR
Versus
KALPESHKUMAR PRAFULBHAI BHAVSAR & ANR.
==========================================================
Appearance:
UMANG P RAVAL(9074) for the Applicant(s) No. 1
MR ASHISH M DAGLI(2203) for the Respondent(s) No. 1
MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 05/01/2026
ORAL ORDER
Considering the facts stated in the application, present
Application is required to be allowed and the same is allowed
and main matter is restored to its original file on condition to
pay cost of Rs.5000/- to be deposited with the Gujarat High
Court Advocates’ Law Library within seven days from today.
Learned advocate Mr. Umang Raval is permitted to file VP
in main matter.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 05/01/2026 16:58:05
Page 1 of 1
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.