High Court of Gujarat

MOHAMMED AYAZ ALAUDDIN SHAIKHversusSTATE OF GUJARAT

Decided: 12 August 2026
Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: M R MENGDEY

Holding

The application is dismissed for non‑prosecution because the petitioner’s advocate was absent.

Summary

The petitioner filed a Special Criminal Application seeking a direction to lodge an FIR/complaint. The application was listed before the High Court of Gujarat. The petitioner’s counsel, Mr. Asimkhan S. Pathan and Mr. Arjundev Zala, were not present when the matter was called out. The respondent, the State of Gujarat, was represented by Ms. Chetna Shah. The Court observed that the petitioner’s advocate was absent and therefore dismissed the application for non-prosecution. The order was signed by Justice M. R. Mengdey on 12 August 2026.

Issues considered

Whether the Court should grant a direction to lodge an FIR/complaint in the absence of the petitioner’s representation
Whether the application can be dismissed for non-prosecution when the petitioner’s counsel is not present

Subjects

Special Criminal Application
Direction to lodge FIR
Dismissal for non‑prosecution
Procedural law
Legal representation

Judgment

          R/SCR.A/3269/2025                                                    ORDER DATED: 12/08/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
                       FIR/COMPLAINT) NO. 3269 of 2025

   ==========================================================
                              MOHAMMED AYAZ ALAUDDIN SHAIKH
                                          Versus
                                 STATE OF GUJARAT & ORS.
   ==========================================================
   Appearance:
   ASEEMKHAN S PATHAN(8941) for the Applicant(s) No. 1
   MR ARJUNDEV ZALA(10205) for the Applicant(s) No. 1
   MS CHETNA SHAH, APP for the Respondent(s) No. 1
   ==========================================================

      CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                             Date : 12/08/2026

                                                    ORDER
             Learned advocate for the petitioner is not present when the matter
   is called out. Hence, the matter stands dismissed for non-prosecution.




                                                                                    (M. R. MENGDEY,J)
   Manshi


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIN MANSI(HC01561), Private Secretary, at High Court of Gujarat on 12/08/2026 14:43:22




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