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High Court of Gujarat

DHARMENDRA DHIRAJLAL BHATTversusSTATE OF GUJARAT

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The application for leave to appeal was dismissed for want of prosecution.

Summary

The applicant, Dharmendra Dhirajlal Bhatt, filed a criminal miscellaneous application seeking leave to appeal against the judgment in Criminal Appeal No. 9799 of 2025. The applicant was represented by Mr. Malav Hemangbhai Gor, while the respondent was represented by Mr. Yuvraj Brahmbhatt. No party appeared before the court even on the second call, and no request for adjournment was made. The court noted the absence of prosecution and, under procedural rules, dismissed the application for want of prosecution. Consequently, the applicant's request for leave to appeal was denied.

Issues considered

  • What is the appropriate consequence when an application for leave to appeal is not prosecuted and no party appears before the court?

Subjects

criminal appealleave to appealwant of prosecutionprocedural defaultdismissal

Judgment

          R/CR.MA/5168/2025                                                                  ORDER DATED: 08/01/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 5168 of
                               2025

                                     In F/CRIMINAL APPEAL/9799/2025

                                               With
                                 F/CRIMINAL APPEAL NO. 9799 of 2025
  ==========================================================
                                     DHARMENDRA DHIRAJLAL BHATT
                                                Versus
                                       STATE OF GUJARAT & ORS.
  ==========================================================
  Appearance:
  MR MALAV HEMANGBHAI GOR(9961) for the Applicant(s) No. 1
  NOTICE SERVED BY DS for the Respondent(s) No. 2
  MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
  ==========================================================

      CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                    Date : 08/01/2026

                                                       ORAL ORDER


                         None present even in the second call nor any

  request for adjournment is made.

                         In view of the same, this matter is dismissed for

  want of prosecution.


                                                                                          (SANJEEV J.THAKER,J)
  SRILATHA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/01/2026 17:49:26




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