PRADIP KUMAR VAISHNAV DAS KAPOORversusSTATE OF GUJARAT
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- P M RAVAL
Holding
The application is disposed of, allowing the complainant to seek appropriate reconstruction before the trial court.
Summary
On 8 November 2023, the coordinate Bench noted the applicant's counsel was absent and ordered the report of the Principal District and Sessions Judge to be placed on record. The report showed that the magistrate had issued a notice on 4 November 2023 requiring the complainant to appear on 6 November 2023 with relevant documents, but the complainant failed to appear or submit any papers for reconstruction. When the matter was called again, the applicant's counsel was again absent. The Court observed that the matter, originating in 2023, remained pending for directions. Consequently, the Court disposed of the application, granting the complainant liberty to file an appropriate application before the trial court for reconstruction and to cooperate therein. The application was therefore dismissed without prejudice.
Issues considered
- Whether the court should grant any further direction in the pending criminal miscellaneous application given the applicant's repeated non‑appearance.
Subjects
Judgment
R/CR.MA/4337/2023 ORDER DATED: 06/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION (DIRECTION) NO. 4337
of 2023
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PRADIP KUMAR VAISHNAV DAS KAPOOR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NISHITH P THAKKAR(2836) for the Applicant(s) No. 1
MS ASHA D TIWARI(2983) for the Applicant(s) No. 1
MR ROHAN SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 06/07/2026
ORAL ORDER
1. Record reveals that on 08.11.2023, when the matter was
taken up by the coordinate Bench, learned advocate for the
applicant was not present. By the said order, the coordinate Bench
Bench directed to take on record the Report forwarded by the
learned Principal District and Sessions Judge, Ahmedabad (Rural)
of learned 3rd Additional Senior Civil Judge and Additional Chief
Judicial Magistrate, Ahmedabad (Rural) and produced by the
Registry.
2. From a perusal of the said Report, it reveals that the learned
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R/CR.MA/4337/2023 ORDER DATED: 06/07/2026
Magistrate had already sent a Notice dated 04.11.2023 to the
complainant – applicant herein informing to remain present before
the Court on 06.11.2023 with all the documents relating to the case,
however, the complainant did not turn up before the Court nor
submitted any papers for reconstruction.
3. Today also, when the matter is called out, the learned
advocate for the applicant – complainant is not present.
4. The matter is of 2023 and pending since then for necessary
direction.
5. In the given facts and circumstances of the case, this
application is being disposed of reserving liberty in favour of the
complainant – applicant herein to prefer appropriate application
before the trial Court concerned for reconstruction and to
cooperate in the same.
5.1 The application stands disposed of, accordingly.
[ P. M. Raval, J. ]
hiren/5tss6726
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/07/2026 13:51:25
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