MODI NIMESHKUMAR KANUBHAIversusSTATE OF GUJARAT
- Disposal
- 37-DISMISSED FOR DEFAULT @ ADMISSION
- Bench
- M R MENGDEY
Holding
The application is dismissed for non-prosecution because the petitioner's advocate did not appear when the matter was called.
Summary
The petitioners, Modi Nimeshkumaar Kanubhai and another, filed a Special Criminal Application seeking consent quashing. The application was listed on 23 February 2026, but the petitioners' counsel, Mr. J A Jambukiya, was absent when the matter was called. The Court issued a show-cause notice to appear by 18 June 2026. On the scheduled date, the counsel again failed to appear. The Court observed the repeated non-appearance and dismissed the application for non-prosecution. The order was signed by Justice M. R. Mengdey on 18 June 2026.
Issues considered
- Whether a Special Criminal Application can proceed when the petitioner's advocate fails to appear when the matter is called
- Whether dismissal for non-prosecution is appropriate in the absence of the petitioner's counsel
Subjects
Judgment
R/SCR.A/13841/2025 ORDER DATED: 18/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
13841 of 2025
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MODI NIMESHKUMAR KANUBHAI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR J A JAMBUKIYA(13953) for the Applicant(s) No. 1,2
MS. DHWANI TRIPATHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 18/06/2026
ORDER
On 23.02.2026, this Court had passed the following order: -
“Learned advocate for the petitioners is not present when the
matter is called out. S.O. to 18.06.2026.”
Today also, the learned Advocate appearing for the petitioners is not
present when the matter is called out. Hence, the present matter is hereby
dismissed for non-prosecution.
(M. R. MENGDEY,J)
RAVI OZA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAVI OZA(HCW0111), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 18/06/2026 17:29:07
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