High Court of Gujarat

AJAYKUMAR PRAHLADBHAI PATELversusDEVENDRASINH HIMATSINH DABHI

Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: HEMANT M PRACHCHHAK

Holding

The appeal is dismissed for default for want of prosecution.

Summary

The appellant, Ajaykumar Prahladbhaï Patel, filed a criminal appeal before the Gujarat High Court. Counsel for the appellant, Mr. SM Shukla, failed to appear at three scheduled hearings and made no request for adjournment. The respondent, represented by Ms. Jyoti Bhatt, the Additional Public Prosecutor, was present. The Court observed that the appellant's counsel had not personally remained present and no justification for delay was offered. Consequently, the Court dismissed the appeal for default due to want of prosecution and discharged the rule.

Issues considered

Whether the appeal should be dismissed for default due to the appellant's counsel's non-appearance and lack of request for adjournment?

Subjects

Criminal AppealDefault JudgmentProcedural DefaultNon-appearanceRule Discharged

Judgment

        R/CR.A/2009/2012                                                        ORDER DATED: 11/06/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CRIMINAL APPEAL NO. 2009 of 2012

================================================================
                          AJAYKUMAR PRAHLADBHAI PATEL
                                     Versus
                       DEVENDRASINH HIMATSINH DABHI & ANR.
================================================================
Appearance:
MR SM SHUKLA(1192) for the Appellant(s) No. 1
MS JYOTI BHATT, ADDL. PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 2
RULE NOT RECD BACK for the Opponent(s)/Respondent(s) No. 1
================================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M.
        PRACHCHHAK

                                            Date : 11/06/2026

                                                    ORDER


          Thrice the matter was called out. Learned counsel for the
appellant has neither personally remained present nor any request for
adjournment is made.


          Hence, the matter is dismissed for default for want of
prosecution. Rule is discharged.



                                                                   (HEMANT M. PRACHCHHAK,J)

Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 11/06/2026 17:38:34


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