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High Court of Gujarat

KAMLESH @ SHANKAR SURESHBHAI DELVANIYAversusSTATE OF GUJARAT

Disposal
35-ANY OTHER MODE @ ADM.STAGE

Holding

The petition is disposed, with the Court directing the petitioners to approach the concerned court for speedy disposal of their pending applications.

Summary

The petitioners, Kamlesh @ Shankar Sureshbhai Delvaniya and another, filed a special criminal application seeking a muddamal and a stay in their appeal proceedings, which remained pending before the concerned court. They approached the High Court of Gujarat requesting direction for expeditious disposal of those applications. The Court observed that the applications were indeed pending and directed the petitioners to approach the concerned court for speedy resolution. No substantive merits of the applications were addressed. Consequently, the Court disposed of the special criminal application, and the related criminal miscellaneous application was also disposed as a consequence.

Issues considered

  • Whether the petitioners can be directed to seek expeditious disposal of their pending muddamal and stay applications in the appeal proceedings

Subjects

procedural lawcriminal procedurespecial criminal applicationmuddamalstayexpeditious disposal

Judgment

      R/SCR.A/4645/2026                         ORDER DATED: 23/06/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 4645 of 2026

                             With
CRIMINAL MISC.APPLICATION (FIXING DATE OF EARLY HEARING) NO.
                           1 of 2026
      In R/SPECIAL CRIMINAL APPLICATION NO. 4645 of 2026
==========================================================
          KAMLESH @ SHANKAR SURESHBHAI DELVANIYA & ANR.
                              Versus
                     STATE OF GUJARAT & ORS.
==========================================================
Appearance:
BHAVIN B THAKAR(9371) for the Applicant(s) No. 1,2
MR. K. B. PATEL(16319) for the Applicant(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                           Date : 23/06/2026

                               ORDER


Order in Special Criminal Application No.4645 of 2026

1.      Learned advocate appearing for the petitioners submits
that the petitioners herein have submitted applications for
muddamal and stay in the appeal proceedings. However, till
date, the said applications have not been decided by the
concerned Court.

2.      Having regard to the same, it will be open for the
petitioners to request the concerned Court for expeditious
disposal of the applications in question.

3.      With these observations, the present petition stands
disposed of.




                               Page 1 of 2
           R/SCR.A/4645/2026                                                               ORDER DATED: 23/06/2026




    Order in Criminal Misc. Application No.1 of 2026 in Special
    Criminal Application No.4645 of 2026

              In view of the disposal of the main matter, the present
    application also stands disposed of.



                                                                                                (M. R. MENGDEY,J)
    AHS

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT SONAGARA(HCD0079), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 24/06/2026 10:20:11




                                                           Page 2 of 2


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