High Court of Gujarat

MEENAKSHI DISTRIBUTORSversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH
Bench: P M RAVAL

Holding

The application is dismissed for default for want of prosecution.

Summary

Meenakshi Distributors & Anr. filed a criminal miscellaneous application seeking to quash and set aside an FIR/order. The applicant's counsel, Mr. Apurva A. Dave, failed to appear for the second hearing, indicating a lack of intention to pursue the matter. The Court held that such non‑appearance amounted to a want of prosecution. Consequently, the application was dismissed for default, the notice was discharged and any interim relief was vacated.

Issues considered

Whether the criminal miscellaneous application for quashing the FIR can proceed despite the applicant's counsel being absent for the second hearing?

Subjects

default judgmentprocedural defaultcriminal miscellaneous applicationcourt procedureapplication dismissed

Judgment

      R/CR.MA/3999/2019                                 ORDER DATED: 16/04/2024




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/CRIMINAL MISC.APPLICATION NO. 3999 of 2019
              (FOR QUASHING & SET ASIDE FIR/ORDER)

=======================================================
             MEENAKSHI DISTRIBUTORS & ANR.
                         Versus
                STATE OF GUJARAT & ANR.
=======================================================
Appearance:
MR APURVA A DAVE(3777) for the Applicant(s) No. 1,2
HARSHANG H PATEL(7349) for the Respondent(s) No. 2
MR LB DABHI APP for the Respondent(s) No. 1
=======================================================

 CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                              Date : 16/04/2024
                                 ORAL ORDER
        Even in second call, learned advocate, Mr. Apurva
Dave has not remained present, which shows that he does
not      wish      to     continue   with      the   present     proceeding.
Hence, this application stands dismissed for default
for want of prosecution. Notice is discharged. Interim
relief, if any, stands vacated.


                                                   (DIVYESH A. JOSHI, J.)
Gautam




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