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High Court of Gujarat

DAXABEN DINESHCHANDRA CHAPATWALAversusSTATE OF GUJARAT

Disposal
43-DISMISSED FOR DEFAULT @ FH

Holding

The appeal is dismissed for want of prosecution.

Summary

The appellant, Daxaben Dineshchandra Chapatwala, filed a criminal appeal against the acquittal granted by the trial court in a case instituted by the State of Gujarat. The appeal was listed before the High Court of Gujarat, but the appellant's counsel did not appear on the second call and no request for adjournment was made. The matter had been pending since 2019, indicating a prolonged delay. The Court observed that the appellant had failed to prosecute the appeal despite the long pendency. Consequently, the Court dismissed the appeal for want of prosecution, effectively upholding the original acquittal.

Issues considered

  • What is the effect of the appellant's failure to appear and prosecute the appeal?

Subjects

criminal appealacquittalwant of prosecutionprocedural defaultdismissal

Judgment

               R/CR.A/751/2019                                                ORDER DATED: 30/04/2026




                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 751 of 2019

        ==========================================================
                            DAXABEN DINESHCHANDRA CHAPATWALA
                                           Versus
                                  STATE OF GUJARAT & ANR.
        ==========================================================
        Appearance:
        MR MIHIR VAKHARIYA(8336) for the Appellant(s) No. 1
        MS SHRUTI PATHAK, 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 : 30/04/2026

                                                 ORAL ORDER


                 None present for the applicant when the matter is

        called       out      in      the      second        call,      nor      any       request         for

        adjournment is made,

                 Considering the fact that the matter is pending since

        the      year      2019,        the     matter         is    dismissed          for     want        of

        prosecution.



                                                                              (SANJEEV J.THAKER,J)
        URIL RANA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 30/04/2026 16:49:51




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