ALPESHBHAI ARVINDBHAI PADARIYAversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The dismissal was set aside and the matter was restored to its original status because the applicant provided sufficient reasons for non‑appearance.
Summary
The applicant, Alpehsbai Arvindbhai Padariya, filed a criminal miscellaneous application seeking restoration of a case that had been dismissed on 09-12-2025 because no party appeared on the second call and no request for a passover was made. The High Court had dismissed the matter on procedural grounds. The applicant’s counsel explained the reasons for the non‑appearance in paragraph 3 of the application. The court examined these reasons and found them sufficient to justify the failure to appear. Consequently, the court allowed the restoration application and reinstated the matter to its original status. The order was signed by Justice Sanjeev J. Thaker on 27-02-2026.
Issues considered
- What is the effect of a dismissal for non‑appearance when no passover request is filed?
- Can a dismissed criminal matter be restored on the basis of sufficient reasons for non‑appearance?
Subjects
Judgment
R/CR.MA/5310/2026 ORDER DATED: 27/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 5310 of
2026
In R/CRIMINAL MISC.APPLICATION/21031/2025
In F/CRIMINAL APPEAL/37151/2025
==========================================================
ALPESHBHAI ARVINDBHAI PADARIYA
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
RUSHI B BHAVSAR(9342) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 27/02/2026
ORAL ORDER
1. The present application is filed seeking restoration
of the captioned matter.
2. This Court by an order dated 09.12.2025 had
dismissed the captioned matter in view of the fact
that none appeared in the second call when the
matter was called out nor any request for passover
was sought.
3. Learned advocate for the applicant stated the
reasons at para no.3 of the application for not
remaining present.
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R/CR.MA/5310/2026 ORDER DATED: 27/02/2026
4. Having heard learned advocate for the applicant and
having considered the application, sufficient reasons have
been 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)
URIL RANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 27/02/2026 16:48:28
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