High Court of Gujarat

MULUBHAI VASTABHAI VAKATARversusSTATE OF GUJARAT

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: VIMAL K VYAS

Holding

The application is dismissed for want of prosecution due to the petitioner’s non‑appearance.

Summary

The petitioner, Mulubhai Vastabhai Vakat ar, filed a criminal miscellaneous application seeking quashment and set-aside of FIR/Order No. 22103 of 2025. The petitioner’s counsel failed to appear at each scheduled hearing, including the hearing on 7 January 2026 and the subsequent date of 21 January 2026. The court noted the repeated non‑appearance and inferred a lack of interest in pursuing the matter. Consequently, the court dismissed the application on the ground of want of prosecution. No substantive merits of the application were considered.

Issues considered

What is the appropriate consequence when a party filing a criminal miscellaneous application fails to appear for hearing?

Subjects

criminal procedurequashment of FIRnon‑appearancewant of prosecution

Judgment

            R/CR.MA/22103/2025                                               ORDER DATED: 21/01/2026




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                          FIR/ORDER) NO. 22103 of 2025
      ==========================================================
                                 MULUBHAI VASTABHAI VAKATAR
                                            Versus
                                   STATE OF GUJARAT & ANR.
      ==========================================================
      Appearance:
      MR HIRENKUMAR M NIYALCHANDANI(9959) for the Applicant(s) No. 1
      MS. ASMITA PATEL, APP for the Respondent(s) No. 1
      ==========================================================

           CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                             Date : 21/01/2026

                                               ORAL ORDER
      1.       Order-sheets            reflect      that      on      every       occasion,         none
      appeared for the applicant when the matter is called out.


      2.       On 07.01.2026, this Court has passed following order : -

               “1.     None appears for the applicant, when the matter is called out.
                2.     In the interest of justice, stand over to 21.01.2026.”


      3.       Today also, the situation remains unaltered. None appears
      for the applicant, when the matter is called out. It appears that
      the applicant is not interested to proceed in the matter.


      4.       In view of the above, 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 21/01/2026 17:19:58



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