High Court of Gujarat
SURESHBHAI CHAGANBHAI PARMARversusRAMILABEN W/O SURESH CHAGANBHAI PARMAR D/O JAYANTIBHAI PARMAR
- Decided
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- HASMUKH D SUTHAR
Holding
The court restored the dismissed criminal miscellaneous application subject to removal of office objections within two weeks.
Summary
The petitioner sought restoration of Criminal Miscellaneous Application No. 48113 of 2024, which had been dismissed for non‑prosecution due to failure to remove office objections. The court heard arguments from the petitioner’s counsel and the State of Gujarat’s counsel. It held that the application could be reinstated provided the pending office objections are cleared within a stipulated time. Accordingly, the court ordered the application restored on the condition that objections be removed within two weeks and that the matter proceed without unnecessary adjournments. The restoration application was then disposed of.
Issues considered
- Whether a criminal miscellaneous application dismissed for non‑prosecution can be restored upon compliance with procedural objections
Subjects
- restoration of proceedings
- criminal miscellaneous application
- non‑prosecution
- office objections
- procedural order
Judgment
R/CR.MA/27892/2025 ORDER DATED: 16/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 27892 of
2025
In F/CRIMINAL MISC.APPLICATION/48113/2024
In R/CRIMINAL MISC.APPLICATION/4251/2024
In F/CRIMINAL REVISION APPLICATION/7977/2024
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SURESHBHAI CHAGANBHAI PARMAR
Versus
RAMILABEN W/O SURESH CHAGANBHAI PARMAR D/O JAYANTIBHAI
PARMAR & ORS.
==========================================================
Appearance:
MR VIVEK V BHAMARE(6710) for the Applicant(s) No. 1
MR VN BHAMARE(1122) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/01/2026
ORAL ORDER
Present application is 5led requesting to restore F/Criminal Misc.
Application No.48113 of 2024 which came to be dismissed for non-
prosecution for non-removal of o@ce objections.
Having heard the learned advocate for the applicant and learned APP
for respondent – State of Gujarat and considering the averments made in
the application, F/Criminal Misc. Application No.48113 of 2024 is hereby
ordered to be restored to its original 5le subject to removal of o@ce
objections, if any, within a period of TWO WEEKS from today and 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 14:34:35
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