High Court of Gujarat

MANJUBEN W/O MANUBHAI RAJABHAI MAKWANAversusSTATE OF GUJARAT

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: HEMANT M PRACHCHHAK

Holding

The appeal is dismissed for default for want of prosecution.

Summary

The appellant, Manjuben, filed a criminal appeal against an acquittal by the State of Gujarat. The appeal was scheduled for hearing, but the appellant's counsel failed to appear and made no request for adjournment. The court noted that the matter had been called out three times. Consequently, the court dismissed the appeal for default due to the lack of prosecution. The notice against the respondents was discharged.

Issues considered

What is the appropriate course of action when the appellant's counsel fails to appear for a scheduled hearing without seeking an adjournment?

Subjects

criminal appealdefault judgmentnon-appearanceprocedural lawacquittal

Judgment

        R/CR.A/2992/2025                                                        ORDER DATED: 11/06/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 2992 of 2025

================================================================
                  MANJUBEN W/O MANUBHAI RAJABHAI MAKWANA
                                   Versus
                          STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR HARESH A PATEL(3822) for the Appellant(s) No. 1
MR JB DASTOOR(239) for the Appellant(s) No. 1
MR. VISHVESH R. ACHARYA(14664) for the Opponent(s)/Respondent(s)
No. 3,4,5
NOTICE UNSERVED for the Opponent(s)/Respondent(s) No. 2
MS JYOTI BHATT, ADDL. PUBLIC PROSECUTOR 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. Notice 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 17:39:17


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