KANAIYO @ KANAIYALAL DIPCHAND DASANIversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The application for restoration of the dismissed criminal appeal is allowed, and the appeal is restored to its original status.
Summary
The applicant filed a criminal miscellaneous application seeking restoration of a criminal appeal that had been dismissed on 11-02-2026 because no party appeared when the matter was called and no request for a pass‑over was made. The court had earlier dismissed the appeal for these procedural defaults. The applicant’s counsel explained the reasons for the non‑appearance as set out in paragraph 3 of the application. After hearing the counsel and considering the explanations, the court found the reasons sufficient. Consequently, the application for restoration was allowed and the appeal was reinstated to its original status.
Issues considered
- Whether a criminal appeal dismissed for non‑appearance can be restored on the basis of the applicant’s explanation.
- Whether the reasons provided for the failure to appear constitute sufficient ground for granting a restoration application.
Subjects
Judgment
R/CR.MA/4848/2026 ORDER DATED: 27/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 4848 of
2026
In R/CRIMINAL APPEAL/919/2023
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KANAIYO @ KANAIYALAL DIPCHAND DASANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR D M AHUJA(115) for the Applicant(s) No. 1
MR. YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 27/02/2026
ORAL ORDER
1. The present application is filed seeking restoration of
the captioned Criminal Appeal.
2. This Court by an order dated 11.02.2026, had dismissed
the captioned appeal in view of the fact that none appeared
when the matter was called out nor any request for pass
over was sought.
3. Learned Advocate for the applicant stated the reasons
at para no. 3 of the application for not remaining present.
4. Having heard learned advocate for the applicant and
having considered the application, sufficient reasons have been
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R/CR.MA/4848/2026 ORDER DATED: 27/02/2026
mentioned in the application for not remaining present when
the matter was called out. In view of the same, the present
application is allowed. The captioned matter is restored to its
original status.
(SANJEEV J.THAKER,J)
ADITYA SINGH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 27/02/2026 16:19:33
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