High Court of Gujarat

PRAKASH MANSUKHBHAI RATHODversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The Court held that the petitioner had shown sufficient cause and allowed the application for restoration.

Summary

The petitioner, Prakash Mansukhbhai Rathod, filed a criminal miscellaneous application seeking restoration of his criminal appeal (No. 1189/2023) before the Gujarat High Court. The respondent, the State of Gujarat, opposed the application. The petitioner’s counsel, Nimit Y. Shukla, argued that sufficient cause existed for the restoration of the appeal, which had been previously dismissed or withdrawn. The Court examined the submissions and the averments made in the application and found that the petitioner had indeed demonstrated sufficient cause. Consequently, the Court allowed the application, directing the registry to restore the matter on its original file with all attached orders. The application was thereafter disposed.

Issues considered

Whether the petitioner has shown sufficient cause to merit restoration of the criminal appeal.

Subjects

restorationcriminal appealprocedural lawHigh Courtapplication

Judgment

       R/CR.MA/4595/2026                                                               ORDER DATED: 26/02/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 4595 of
                             2026

                                 In R/CRIMINAL APPEAL/1189/2023

==========================================================
                                PRAKASH MANSUKHBHAI RATHOD
                                            Versus
                                   STATE OF GUJARAT & ANR.
==========================================================
Appearance:
NIMIT Y SHUKLA(8338) for the Applicant(s) No. 1
MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1
==========================================================

   CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                Date : 26/02/2026

                                                  ORAL ORDER


                     This is an application for restoration.

                     Considering the submissions made by the learned

advocate            for       the        applicant             as       well        as       considering               the

averments made in this application, the prayer made in this

application is allowed, as the applicant has shown sufficient

cause.

                     Registry to restore the matter, as prayed for, on

its original file, with all attached orders, if any.

                     Accordingly, this application is disposed of.



                                                                                    (SANJEEV J.THAKER,J)
M.H. DAVE/D/20

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 26/02/2026 15:17:14




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