High Court of Gujarat

KRISHNABEN W/O NIRAV HARSHADBHAI RAICHURAversusSTATE OF GUJARAT

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

Holding

The Court exercised its discretion to restore the dismissed special criminal application, granting the applicant a final opportunity to proceed.

Summary

Krishnanben, wife of Nirav Harshadbhai Raichura, filed a special criminal application seeking restoration of Special Criminal Application No. 7143 of 2020, which had been dismissed for non‑prosecution. The respondent State of Gujarat opposed the restoration. The learned counsel for the applicant argued that the dismissal was procedural and that the applicant deserved a final opportunity to pursue the petition. The Court, after considering the averments, decided to grant a last chance to the applicant. Consequently, the Court ordered the restoration of the dismissed application to its original file and directed that it be listed for hearing without unnecessary adjournments.

Issues considered

What is the appropriate judicial discretion in restoring a special criminal application dismissed for non‑prosecution?

Subjects

restoration of criminal applicationnon‑prosecution dismissalprocedural discretionHigh Court order

Judgment

       R/CR.MA/26583/2025                                                          ORDER DATED: 09/01/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 26583 of
                               2025
         In R/SPECIAL CRIMINAL APPLICATION/7143/2020
==========================================================
         KRISHNABEN W/O NIRAV HARSHADBHAI RAICHURA
                              Versus
                    STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR HARSH M SURTI(3907) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                            Date : 09/01/2026
                                             ORAL ORDER

          RULE. Learned APP waives service of notice of Rule on behalf of
respondent No.1.
          Present application is filed requesting to restore Special Criminal
Application No.7143 of 2020 which came to be dismissed for non-
prosecution.
          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.
Special Criminal Application No.7143 of 2020 is hereby ordered to be
restored to its original file and as and when the same is listed before the
Court having roster, the applicant shall proceed with the petition without
seeking for any unnecessary adjournment. Rule is made absolute
accordingly.



                                                                    (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 09/01/2026 15:34:25


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