High Court of Gujarat

ALPESH POPATBHAI NAVADIYAversusSTATE OF GUJARAT

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: ILESH VORA

Holding

The application was dismissed for default due to the petitioner’s failure to prosecute.

Summary

The petitioner, Alpesh Popatbhai Navadiya, filed a criminal miscellaneous application seeking recall of an earlier order. The application was listed before the High Court of Gujarat, but the petitioner's counsel, Mr. Manan A. Shah, did not appear and no request for adjournment was made. The court noted the absence of representation and, citing the lack of prosecution, dismissed the application as a default. The judge reserved liberty to the petitioner to file a fresh application if necessary. Consequently, the notice issued in the original application was discharged.

Issues considered

What is the appropriate course of action when the petitioner’s counsel fails to appear for a criminal miscellaneous application?

Subjects

recall applicationcriminal proceduredefault dismissalhigh courtabsence of counsel

Judgment

      R/CR.MA/16212/2024                                                             ORDER DATED: 03/07/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION (RECALL) NO. 16212 of 2024

                     In R/CRIMINAL MISC.APPLICATION/13798/2021

==========================================================
                                  ALPESH POPATBHAI NAVADIYA
                                            Versus
                                   STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR MANAN A SHAH(5412) for the Applicant(s) No. 1
JATIN V YADAV(8946) for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================

   CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                              Date : 03/07/2026

                                                 ORAL ORDER

       When the matter is called out, learned counsel for the
applicant has not remained present to assist the Court. Nor
any mention is made. In view thereof, present application
stands           dismissed             for       default          for       want         of      prosecution.
However, liberty is reserved to file fresh application, if need
so arises. Notice is discharged.


                                                                                          (ILESH J. VORA,J)
MISHRA AMIT V.
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 03/07/2026 17:18:31




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