High Court of Gujarat

RAMESHBHAI KHODABHAI PATELversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The court held that the appeal may be restored to the file as the applicant satisfied the conditions for restoration.

Summary

The petitioner filed a criminal miscellaneous application seeking restoration of a previously dismissed leave to appeal and criminal appeal, which had been dismissed for non-prosecution due to the non-removal of office objections. The respondent, the State of Gujarat, opposed the restoration. The court examined the facts and the averments made in the restoration application. Considering the circumstances, the court found merit in the petitioner's request. Consequently, the court allowed the application and restored the matter to the file for further proceedings.

Issues considered

Whether the dismissal of the leave to appeal and criminal appeal for non‑prosecution can be set aside by restoring the applications to the file

Subjects

restoration of appealcriminal procedurenon‑prosecutionoffice objectionshigh court order

Judgment

        R/CR.MA/13869/2026                                                                 ORDER DATED: 18/06/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO.
                          13869 of 2026
                               In
             F/CRIMINAL MISC.APPLICATION/43139/2025
                               In
             F/CRIMINAL MISC.APPLICATION/28088/2025

 ==========================================
                  RAMESHBHAI KHODABHAI PATEL
                                Versus
                     STATE OF GUJARAT & ANR.
 ==========================================
 Appearance:
 MR MANAN B PANDYA(12491) for the Applicant(s) No. 1
 MS JIRGA JHAVERI APP for the Respondent(s) No. 1
 ==========================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                               Date : 18/06/2026

                                                    ORAL ORDER

            This application is filed for restoration of the application for
 leave to appeal along with criminal appeal which came to be
 dismissed             for      non-prosecution                   due        to     non-removal                 of     office
 objections.


            Heard learned advocates for the respective parties.

            Considering the facts and circumstances of the case and
 the averments made in the application, the application is
 allowed. The said matter is restored to its file.

                                                                      (HEMANT M. PRACHCHHAK,J)
 V.R. PANCHAL

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/06/2026 16:36:03




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