High Court of Gujarat

GUJARAT STATE CO. OP. AGRI AND RURAL DEVEPOLMENT BANK LTD. JUNAGADH THRO NILESH BABABHAI PRAJAPATIversusSTATE OF GUJARAT

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

Holding

Permission is granted to convert the criminal appeal into a criminal revision application.

Summary

The appellant filed a criminal appeal against an acquittal order of the first Appellate Court, but the court observed that the proper remedy should have been a criminal revision application. The appellant's counsel sought permission to convert the pending appeal into a revision application. The High Court examined whether such conversion is permissible under procedural law. It held that the appellant may be allowed to convert the appeal into a revision application. Accordingly, the court granted permission and directed the counsel to file a fresh revision petition within two weeks, after which the matter will be placed before the appropriate court.

Issues considered

Whether a criminal appeal filed in lieu of a criminal revision application can be converted into a revision application.

Subjects

criminal procedureappealrevisionconversion of appealjurisdiction

Judgment

   R/CR.MA/19985/2025                            ORDER DATED: 21/07/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


 R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO.
                     19985 of 2025
                           In
             F/CRIMINAL APPEAL/38697/2025

==========================================
 GUJARAT STATE CO. OP. AGRI AND RURAL DEVEPOLMENT BANK LTD.
           JUNAGADH THRO NILESH BABABHAI PRAJAPATI
                               Versus
                   STATE OF GUJARAT & ANR.
==========================================
Appearance:
MR.AMIT R JOSHI(6682) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                         Date : 21/07/2026

                            ORAL ORDER


      It appears that the criminal appeal is filed against the judgment
and order of acquittal passed by the first Appellate Court by the
appellant. However, the appellant ought to have preferred the
Criminal Revision Application instead of Criminal Appeal. Therefore,
the learned counsel for the appellant seeks permission to convert the
present Criminal Appeal into Criminal Revision Application.


      Permission as sought for is granted. The learned counsel for the
appellant is permitted to convert the present Criminal Appeal into
Criminal Revision Application. The learned counsel for the appellant
may supply the fresh copy of Criminal Revision Application along with


                               Page 1 of 2
        R/CR.MA/19985/2025                                                                 ORDER DATED: 21/07/2026




 the relevant papers within a period of two weeks. The registry shall
 place the matter before appropriate Court.

                                                                       (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 22/07/2026 17:09:06




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