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High Court of Gujarat

TULSI RASULBHAI RATHVAversusSTATE OF GUJARAT

Decided
Disposal
53-ALLOWED / GRANTED @ ADM.STAGE
Bench
C DOSHI

Holding

The court allowed the restoration application and restored the main matter to its original file.

Summary

The petitioner, Tulsi Rasulbhai Rathva, filed a criminal miscellaneous application seeking restoration of the main criminal case (R/Criminal Misc.Application/12020/2020) after a delay. The court noted that the delay left it uncertain what transpired during the intervening period. Despite the lapse, the judge held that the application should be allowed and the main matter restored to its original file. The court also observed that any interim relief previously granted would be discontinued. However, the petitioner was given liberty to file a fresh civil appeal for any interim relief sought. The order was signed by Justice J.C. Doshi and the High Court’s Principal Private Secretary.

Issues considered

  • Whether the main criminal matter should be restored despite the delay in filing the restoration application
  • Whether the interim relief previously granted should continue after restoration

Subjects

  • restoration
  • criminal procedure
  • delay
  • interim relief
  • high court order

Judgment

             R/CR.MA/4601/2026                                                            ORDER DATED: 26/02/2026




                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 4601 of
                                   2026

                           In R/CRIMINAL MISC.APPLICATION/12020/2020

      ==========================================================
                                           TULSI RASULBHAI RATHVA
                                                    Versus
                                           STATE OF GUJARAT & ANR.
      ==========================================================
      Appearance:
      MR NIMESH M PATEL(6780) for the Applicant(s) No. 1
      MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
      No. 1
      ==========================================================

         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                    Date : 26/02/2026

                                                      ORAL ORDER


                Considering the facts stated in the application, present
      Application is required to be allowed and the same is allowed
      and main matter is restored to its original file.


                Since there is delay in preferring restoration application,
      the Court is not known as to what happened during delayed
      period.            Hence, interim relief, if any, granted earlier is
      discontinued.                   But, liberty is reserved in favour of the
      applicant to le fresh CA for interim relief.



                                                                                                      (J. C. DOSHI,J)
      SHEKHAR P. BARVE



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 26/02/2026 14:17:30



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