High Court of Gujarat
DHARMENDRA DHIRAJLAL BHATTversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- SANJEEV THAKER
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 appeal
- leave to appeal
- want of prosecution
- procedural default
- dismissal
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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