High Court of Gujarat

NARESHBHAI MEHURBHAI KHATANAversusSTATE OF GUJARAT

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: VIMAL K VYAS

Holding

A criminal miscellaneous application dismissed for non‑removal of office objections may be restored if the petitioners remove the objections within a specified time.

Summary

The petitioners filed a criminal miscellaneous application (No. 39188 of 2025) which was dismissed by the trial court on the ground that the required office objections had not been removed. The petitioners subsequently filed a restoration application (R/Cr. Misc. Application No. 26947 of 2025) seeking to have the dismissed application reinstated. The High Court examined the averments made in the restoration application and considered whether the failure to remove the objections barred restoration. The Court held that the restoration could be granted provided the petitioners complied with the procedural requirement of removing the objections within a stipulated period. Accordingly, the Court allowed the restoration application and directed the petitioners’ counsel to ensure removal of the office objections within two weeks, after which the original application would be restored to its original subject matter.

Issues considered

Whether a criminal miscellaneous application dismissed for non‑removal of office objections can be restored upon filing a restoration application.

Subjects

restorationcriminal miscellaneous applicationoffice objectionsprocedural complianceHigh Court of Gujarat

Judgment

          R/CR.MA/26947/2025                                                ORDER DATED: 19/01/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 26947 of
                                   2025
                In F/CRIMINAL MISC.APPLICATION/39188/2025
    ==========================================================
                        NARESHBHAI MEHURBHAI KHATANA & ORS.
                                       Versus
                              STATE OF GUJARAT & ANR.
    ==========================================================
    Appearance:
    MR ANIRUDH N SUCHAK(10768) for the Applicant(s) No. 1,2,3
    MS. ASMITA PATEL, APP for the Respondent(s) No. 1
    ==========================================================

         CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                           Date : 19/01/2026

                                             ORAL ORDER


    1.       The present application is                           led for restoration of
    F/Criminal Misc. Application No.39188 of 2025 which has been
    dismissed on account of non-removal of o&ice objection/s.


    2.       Considering            the      averments            made        in     the      present
    restoration application, the same is ALLOWED.                                            Learned
    advocate for the applicants is directed to remove the o&ice
    objection/s within two weeks from today.                                   F/Criminal Misc.
    Application No.39188 of 2025 is directed to be restored to its
    original        le subject to removal of o&ice objection within two
    weeks from today.


                                                                               (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 19/01/2026 17:15:14



                                                  Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "restoration"Sign in to search