High Court of Gujarat

DINESHKUMAR KANJIBHAI PATELversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The court allowed the restoration, ordering the Special Criminal Application No. 17915 of 2025 to be reinstated.

Summary

The petitioner filed a criminal miscellaneous application seeking restoration of Special Criminal Application No. 17915 of 2025, which had been dismissed for non‑prosecution due to the failure to remove office objections. The respondent, the State of Gujarat, opposed the restoration. The court examined the petitioner's request, noting that the dismissal was procedural and that the petitioner sought a final opportunity to pursue the matter. Considering the circumstances and the petitioner's averments, the court decided to grant the relief. Consequently, the Special Criminal Application No. 17915 of 2025 was ordered to be restored to its original filing.

Issues considered

Whether a Special Criminal Application dismissed for non‑prosecution on account of non‑removal of office objections can be restored.

Subjects

restorationspecial criminal applicationprocedural objectionhigh courtcriminal miscellaneous application

Judgment

       R/CR.MA/16306/2025                                                        ORDER DATED: 23/01/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 16306 of
                              2025
        In F/SPECIAL CRIMINAL APPLICATION/17915/2025
==========================================================
                 DINESHKUMAR KANJIBHAI PATEL
                             Versus
                    STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                          Date : 23/01/2026
                                           ORAL ORDER

          Present application is 1led requesting to restore F/Special Criminal
Application No.17915 of 2025 which came to be dismissed for non-
prosecution for non-removal of o=ce objections.

          Heard the learned advocate for the applicant, learned APP for
respondent No.1.

          Considering the averments made in the application and only with a
view to give one last chance to the applicant, present application is allowed.
F/Special Criminal Application No.17915 of 2025 is hereby ordered to be
restored to its original 1le.



                                                                  (HASMUKH D. SUTHAR, J.)
Ajay
  Original copy of this order has been signed by the Hon'ble Judge.
  Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/01/2026 16:15:25




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