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High Court of Gujarat

SAPNA W/O JAYPRAKASH VISHAMBHARDAYAL SHARMAversusSTATE OF GUJARAT

Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

The order dated 05-12-2025 is recalled and the main criminal matter is restored to its original position.

Summary

Sapna, the wife of Jayprakash Vishambhardayal Sharma, filed a criminal miscellaneous application seeking restoration of the main criminal matter against the State of Gujarat. The application challenged the order dated 05-12-2025 which had apparently dismissed or closed the main case. The learned counsel for the applicant argued that the order was erroneous and that the main matter should be reinstated. The court, after hearing both sides, held that the order dated 05-12-2025 could be recalled. Consequently, the main criminal matter was restored to its original position and the restoration application was allowed.

Issues considered

  • Whether the order dated 05-12-2025 can be recalled and the main criminal matter restored

Subjects

restoration of criminal proceedingscriminal miscellaneous applicationorder recallhigh court of Gujarat

Judgment

           R/CR.MA/27038/2025                                                    ORDER DATED: 16/01/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 27038 of
                                   2025
                         In R/CRIMINAL MISC.APPLICATION/2089/2023

     ==========================================================
                 SAPNA W/O JAYPRAKASH VISHAMBHARDAYAL SHARMA
                                      Versus
                             STATE OF GUJARAT & ANR.
     ==========================================================
     Appearance:
     BHAVIN B THAKAR(9371) for the Applicant(s) No. 1
     MEHUL A SURATI(7870) for the Respondent(s) No. 2
     PUBLIC PROSECUTOR for the Respondent(s) No. 1
     ==========================================================

        CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
              DESAI

                                               Date : 16/01/2026

                                                 ORAL ORDER


               Having heard learned advocate for the parties.

               Considering the averments made in the restoration

     application, the order dated 05.12.2025 is hereby recalled. The

     main matter is restored to its original                                       le. Application is

     accordingly allowed.

                                                            (UTKARSH THAKORBHAI DESAI, J)
     ANIRUDH OJHA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANIRUDH OJHA(HC02370), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 16/01/2026 16:40:48




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