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High Court of Gujarat

KIRITBHAI RAMESHBHAI TRIVEDIversusSTATE OF GUJARAT

Disposal
43-DISMISSED FOR DEFAULT @ FH

Holding

The appeal is dismissed for want of prosecution due to the non-appearance of parties and no request for adjournment.

Summary

The appellant, Kiritbhai Rameshbhai Trivedi, filed a criminal appeal against his acquittal and a miscellaneous application for additional evidence. The appeal was before the High Court of Gujarat, with Mr. K S Chandrani appearing for the appellant. No parties, including the respondent State of Gujarat, were present for the hearing despite multiple calls. No request for adjournment was made by any party. The Court, noting the absence of prosecution and the lack of any request to continue, dismissed the matter for want of prosecution, effectively dismissing the appeal.

Issues considered

  • Whether the appeal can proceed in the absence of the prosecution and other parties
  • Whether the court should grant an adjournment when no party appears

Subjects

appeal against acquittalwant of prosecutiondismissalcriminal procedurenon-appearance of parties

Judgment

          R/CR.A/291/2023                                                              ORDER DATED: 11/02/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 291 of 2023

                               With
  CRIMINAL MISC.APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 1 of
                               2023
               In R/CRIMINAL APPEAL NO. 291 of 2023
 ==========================================================
                                   KIRITBHAI RAMESHBHAI TRIVEDI
                                               Versus
                                     STATE OF GUJARAT & ANR.
 ==========================================================
 Appearance:
 MR K S CHANDRANI(6674) for the Appellant(s) No. 1
 BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 2
 MR UTKARSH SHARMA, APP for the Opponent(s)/Respondent(s) No. 1
 RULE SERVED for the Opponent(s)/Respondent(s) No. 2
 ==========================================================

    CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                 Date : 11/02/2026

                                                    ORAL ORDER


                       None         present           even         in the            third call, nor                    any

 request for adjournment is made.



                       In view of the same, the matter is dismissed for
 want of prosecution.


                                                                                     (SANJEEV J.THAKER,J)
 M.H. DAVE

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 11/02/2026 17:32:17




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