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High Court of Gujarat

SALMAN MUSTAK HAJIversusSTATE OF GUJARAT

Decided
Disposal
37-DISMISSED FOR DEFAULT @ ADMISSION

Holding

The petition is dismissed for want of prosecution due to the absence of the petitioner’s counsel.

Summary

Salman Mustak Haji filed a Special Criminal Application (R/SCR.A/4833/2026) before the Gujarat High Court seeking relief against the State of Gujarat and others. The petition was listed before a bench of Justices Ilesh J. Vora and R. T. Vachhani. At the hearing, the petitioner’s counsel, Mr. Junaid Y. Shaikh, was not present to assist the Court. The Court observed that without the petitioner’s representation, there was no prosecution of the application. Consequently, the Court dismissed the petition for want of prosecution. The order was signed by the judges on 9 April 2026.

Issues considered

  • What is the appropriate procedural consequence when the petitioner’s advocate is absent at the hearing of a Special Criminal Application?

Subjects

  • procedural law
  • special criminal application
  • dismissal for want of prosecution
  • court procedure
  • absence of counsel

Judgment

     R/SCR.A/4833/2026                                                            ORDER DATED: 09/04/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CRIMINAL APPLICATION NO. 4833 of 2026

==========================================================
                                     SALMAN MUSTAK HAJI
                                            Versus
                                   STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR JUNAID Y SHAIKH(10922) for the Applicant(s) No. 1
MR JAY MEHTA, APP for the Respondent(s) No. 1
==========================================================

  CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
        and
        HONOURABLE MR. JUSTICE R. T. VACHHANI

                                            Date : 09/04/2026

                        ORAL ORDER
 (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


         When the matter was called out, learned advocate for the

petitioner was not present to assist the Court. Hence, present petition

stands dismissed for want of prosecution.




                                                                                         (ILESH J. VORA,J)




                                                                                      (R. T. VACHHANI, J)
Rakesh


  Original copy of this order has been signed by the Hon'ble Judges.
  Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 09/04/2026 16:02:24




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