KISHANBHAI KALUBHAI MATHASURIYAversusTHE STATE OF GUJARAT
- Disposal
- 28-REJECTED @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The court ordered the Registry to correct the petitioner’s name in the cause title and issue a fresh writ, with no alteration to the substantive order.
Summary
The petitioner, Kishanbhai Kalubhai Mathasuriya, filed a special criminal application seeking regularisation of a period of late surrender. An administrative error caused the petitioner’s name to be entered as Kishanbhai Pravinbhai Vasava in the court’s computer system and in the registration number. The High Court had earlier ordered on 20‑04‑2026 that the petitioner could approach the jail authority for condonation of the delay, reserving liberty to move the authority. The applicant’s counsel submitted a request to correct the mistaken name in the cause title. Justice Sanjeev J. Thaker examined the earlier order and the precedent cited (Criminal Misc. Application No.1360 of 2014 in Criminal Appeal No.2884 of 2008). The Court held that only the name in the cause title needed correction and directed the Registry to issue a fresh writ with the corrected name, leaving the rest of the order unchanged. The matter was consequently disposed.
Issues considered
- Whether the court can amend the cause title to correct a clerical error in the petitioner’s name
- Whether such correction affects the substantive order granting liberty to approach the jail authority
Subjects
Judgment
R/SCR.A/5294/2026 ORDER DATED: 28/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (REGULARIZED DAY OF LATE
SURRENDER) NO. 5294 of 2026
==========================================================
KISHANBHAI PRAVINBHAI VASAVA
Versus
THE STATE OF GUJARAT & ANR.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 28/04/2026
ORAL ORDER
1. Perused the note dated 24.04.2026 placed by the
Registry as well as the application of Kishanbhai Kalubhai
Mathasuriya forwarded by the Jail Authority dated
10.04.2026.
2. It transpires that the name of the applicant viz.,
‘Kishanbhai Pravinbhai Vasava’ has inadvertently been fed in
the computer while generating the filing as well as
registration number of that application, instead of ‘Kishanbhai
Kalubhai Mathasuriya’.
3. It is noted that this Court has passed the
following order on 20.04.2026 with the above mentioned cause
title.
“1. Present application is filed by the
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R/SCR.A/5294/2026 ORDER DATED: 28/04/2026
applicant seeking regularization of period of late
surrender.
2. Considering the observations made by the
Division Bench of this Court in the decision
rendered in Criminal Misc. Application No.1360 of
2014 in Criminal Appeal No.2884 of 2008 dated
04.02.2014, this petition is being disposed of
reserving liberty in favour of the petitioner to
move the concerned jail authority seeking
condonation of such delay in surrendering and
directing the authority concerned to decide such
an application, if preferred, in accordance with
law.”
4. In view of above, considering the application of
Kishanbhai Kalubhai Mathasuriya, forwarded by the Jail
Authority on 10.04.2026, only change which is required to be
made is in the cause title / name of the applicant and no
other correction needs to be made in the order dated
20.04.2026 noted above.
5. Under the circumstances, the Registry is directed
to correct the name of the applicant / cause title and issue
fresh writ accordingly. Rest of the order remains same. Note
is disposed of accordingly.
(SANJEEV J.THAKER,J)
M.H. DAVE/17
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 28/04/2026 17:52:05
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