High Court of Gujarat

BIPINKUMAR KANUBHAI THAKKARversusHARISH PRAHLADBHAI SOLANKI

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: SANJEEV THAKER

Holding

A criminal case dismissed for want of prosecution may be restored if the court is satisfied by the applicant's submissions.

Summary

The petitioner filed a criminal miscellaneous application seeking restoration of the main criminal matter that had been dismissed for want of prosecution. The respondent opposed the restoration. The court examined the submissions made by the petitioner's counsel. It held that the procedural lapse could be remedied and that restoration was permissible under the law. Consequently, the application was allowed and the main matter was restored to the file.

Issues considered

Whether a criminal case dismissed for want of prosecution can be restored upon filing of a miscellaneous application

Subjects

restorationcriminal procedurewant of prosecutionmiscellaneous application

Judgment

        R/CR.MA/11942/2026                                                                   ORDER DATED: 30/06/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 11942 of
                                2026

                                     In R/CRIMINAL APPEAL/902/2017

  ==========================================================
                                BIPINKUMAR KANUBHAI THAKKAR
                                            Versus
                              HARISH PRAHLADBHAI SOLANKI & ANR.
  ==========================================================
  Appearance:
  MR KUNJAL D PANDYA(2259) for the Applicant(s) No. 1
  MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 2
  ==========================================================

     CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                    Date : 30/06/2026

                                                      ORAL ORDER


                        Considering the averments made in the application

  and        the        submissions                 made           by       learned            advocate             for      the

  applicant, this application, which is filed for restoration of

  the        main            matter,            which            was          dismissed               for        want           of

  prosecution, is allowed. The main matter is restored to file.



                                                                                         (SANJEEV J.THAKER,J)
  SRILATHA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/06/2026 14:22:59




                                                            Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "restoration"Sign in to search