High Court of Gujarat

JIGNESHBHAI NANDALAL VITHALANIversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The appeal is restored to its original status.

Summary

Jigneshbhai Nandalal Vithalani filed a criminal appeal which was dismissed by the Gujarat High Court on 16 January 2026 because he failed to appear on the second call and did not seek a pass‑over. The appellant subsequently filed a criminal miscellaneous application seeking restoration of the dismissed appeal, explaining the reasons for his non‑appearance in paragraphs 3 and 4 of the application. The Court heard counsel for the applicant, examined the reasons offered, and found them sufficient to justify the failure to appear. Consequently, the Court allowed the restoration application and reinstated the appeal to its original status. The order was pronounced by Justice Sanjeev J. Thaker on 27 February 2026.

Issues considered

Whether a criminal appeal dismissed for non‑appearance can be restored on the basis of reasons provided after dismissal
Whether the reasons offered for non‑appearance constitute sufficient cause to set aside the dismissal

Subjects

restoration of criminal appealnon‑appearancepass‑overprocedural lawCriminal Procedure Code

Judgment

   R/CR.MA/4351/2026                                         ORDER DATED: 27/02/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 4351 of
                            2026

               In R/CRIMINAL MISC.APPLICATION/5820/2023
                     In R/CRIMINAL APPEAL/831/2023

==========================================================
                       JIGNESHBHAI NANDALAL VITHALANI
                                    Versus
                           STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR ROHITKUMAR R SHARMA(12025) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                Date : 27/02/2026

                                  ORAL ORDER


  1. The present application is filed seeking restoration

     of the captioned Criminal Appeal.



  2. This       Court      by     an      order      dated      16.01.2026         had

     dismissed the captioned appeal in view of the fact

     that none appeared in the second call when the

     matter was called out nor any request for passover

     was sought.



  3. Learned           advocate     for        the   applicant         stated          the

     reasons at para nos.3 and 4 of the application for

     not remaining present.



                                       Page 1 of 2
          R/CR.MA/4351/2026                                                 ORDER DATED: 27/02/2026




         4. Having heard learned advocate for the applicant and

             having considered the application, sufficient reasons

             have       been        mentioned           in      the     application           for     not

             remaining present when the matter was called out.

             In view of the same, the present application is

             allowed. The captioned matter is restored to its

             original status.



                                                                         (SANJEEV J.THAKER,J)
    URIL RANA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 27/02/2026 16:20:08




                                                  Page 2 of 2

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