High Court of Gujarat

JITENDRA KACHARAJI THAKORversusSTATE OF GUJARAT

Disposal: 60-DISMISSED FOR DEFAULT @ ADMISSION STAGE
Bench: VIMAL K VYAS

Holding

The application is dismissed for want of prosecution.

Summary

The petitioners filed a criminal miscellaneous application seeking consent quashing. The matter was adjourned on 06.03.2026 due to the petitioner's counsel's sick note, and earlier on 01.12.2025 the petitioners failed to appear. On the date of hearing, 07.04.2026, the petitioners again were absent when the matter was called. The court observed that the petitioners appeared uninterested in pursuing the application. Consequently, the court dismissed the application for want of prosecution.

Issues considered

What is the appropriate consequence when the petitioners repeatedly fail to appear for a criminal miscellaneous application?

Subjects

criminal procedureconsent quashingadjournmentwant of prosecutiondefault

Judgment

        R/CR.MA/21717/2025                                                ORDER DATED: 07/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
                             21717 of 2025
  ==========================================================
                          JITENDRA KACHARAJI THAKOR & ORS.
                                        Versus
                               STATE OF GUJARAT & ANR.
  ==========================================================
  Appearance:
  MR ABDULGANI MANSURI(6668) for the Applicant(s) No. 1,2,3,4
  MR YOGESH G KANADE(3114) for the Applicant(s) No. 1,2,3,4
  MS. KRINA P. CALLA, APP for the Respondent(s) No. 1
  ==========================================================
       CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                          Date : 07/04/2026

                                            ORAL ORDER
  1.       On 06.03.2026, this Court has passed the following order:-

            “In view of the sick note of learned advocate Mr. Abdulgani
            Mansuri appearing for the applicants, the matter is adjourned
            to 07.04.2026.”


  2.       Even on the earlier occasion i.e. on 01.12.2025, none had
  remained present for the applicants when the matter was called
  out.

  3.       Today also, the situation remains unaltered.                                    None is
  present for the applicants when the matter is called out.                                           It
  appears that the applicants are not interested to proceed with
  the matter.

  4.       Under the circumstances, the present Criminal Misc.
  Application stands dismissed for want of prosecution.


                                                                              (VIMAL K. VYAS, J)
  AMAR SINGH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMAR SINGH(HC01081), PRIVATE SECRETARY, at High Court of Gujarat on 07/04/2026 17:41:19
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