High Court of Gujarat

GAURIBEN DAMJIBHAI KHORABAversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The application for leave to appeal is dismissed for want of prosecution due to the applicant's failure to appear.

Summary

The applicant, Gauriben Damjibhai Khoraba, filed a criminal miscellaneous application seeking leave to appeal against the judgment in Criminal Appeal No. 21086 of 2025. The application was listed for hearing, but the applicant's counsel, Denish V. Mavadhiya, did not appear on the second call and no request for adjournment was made. The respondent, the State of Gujarat, was represented by Yuvraj Brahmbhatt. The Hon'ble Justice Sanjeev J. Thaker observed the absence of the applicant and the lack of any request for a further hearing. Consequently, the court dismissed the application for want of prosecution, thereby refusing leave to appeal.

Issues considered

What is the appropriate course of action when an applicant fails to appear for a scheduled hearing and makes no request for adjournment in a criminal miscellaneous application for leave to appeal?

Subjects

Criminal Procedure CodeLeave to AppealDismissal for Want of ProsecutionHigh Court of GujaratCriminal Miscellaneous Application

Judgment

     R/CR.MA/10948/2025                                                  ORDER DATED: 05/12/2025




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 10948
                            of 2025
                               In
               F/CRIMINAL APPEAL NO. 21086 of 2025
================================================================
                            GAURIBEN DAMJIBHAI KHORABA
                                       Versus
                              STATE OF GUJARAT & ANR.
================================================================
Appearance:
DENISH V MAVADHIYA(9207) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
================================================================
   CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                        Date : 05/12/2025
                                         ORAL ORDER

         None present for the applicant in the second call nor any
request for adjournment is made.

         In view of the same, the present Criminal Misc.
Application is dismissed for want of prosecution.



                                                                      (SANJEEV J.THAKER,J)



Manoj Kumar Rai




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 05/12/2025 15:17:38




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