JAFAR ALI PIRAKHAN SHAIKHversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- HASMUKH D SUTHAR
Holding
A criminal miscellaneous application dismissed for non‑prosecution may be restored if the applicant shows sufficient cause, with the court imposing conditions to ensure timely conduct of the proceedings.
Summary
Jafar Ali Pirakhan Shaikh filed a criminal miscellaneous application seeking restoration of his earlier application (No.20800 of 2022) that had been dismissed for non‑prosecution. The applicant argued that the dismissal was premature and requested the court to revive the proceedings. The State of Gujarat opposed the restoration. Justice Hasmukh D. Suthar, after hearing both sides, ordered that the dismissed application be restored to its original filing, subject to the condition that the matter proceed without unnecessary adjournments. The restoration application was consequently disposed.
Issues considered
- Whether a criminal miscellaneous application dismissed for non‑prosecution can be restored?
- Whether the court may impose conditions, such as prohibiting unnecessary adjournments, upon restoration?
Subjects
Judgment
R/CR.MA/27890/2025 ORDER DATED: 16/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 27890 of
2025
In R/CRIMINAL MISC.APPLICATION/20800/2022
==========================================================
JAFAR ALI PIRAKHAN SHAIKH
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR MH SHAIKH(3330) for the Applicant(s) No. 1
MR VALIMOHAMMED PATHAN(6383) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/01/2026
ORAL ORDER
Present application is 1led requesting to restore Criminal Misc.
Application No.20800 of 2022 which came to be dismissed for non-
prosecution.
Having heard the learned advocate for the applicant and
learned APP for respondent – State of Gujarat and considering the
averments made in the application, Criminal Misc. Application
No.20800 of 2022 is hereby ordered to be restored to its original 1le
on condition that the matter shall proceed further without asking for
unnecessary adjournment. Present application is disposed of
accordingly.
(HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/01/2026 14:47:29
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