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High Court of Gujarat

KANAIYO @ KANAIYALAL DIPCHAND DASANIversusSTATE OF GUJARAT

Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

The application for restoration of the dismissed criminal appeal is allowed, and the appeal is restored to its original status.

Summary

The applicant filed a criminal miscellaneous application seeking restoration of a criminal appeal that had been dismissed on 11-02-2026 because no party appeared when the matter was called and no request for a pass‑over was made. The court had earlier dismissed the appeal for these procedural defaults. The applicant’s counsel explained the reasons for the non‑appearance as set out in paragraph 3 of the application. After hearing the counsel and considering the explanations, the court found the reasons sufficient. Consequently, the application for restoration was allowed and the appeal was reinstated to its original status.

Issues considered

  • Whether a criminal appeal dismissed for non‑appearance can be restored on the basis of the applicant’s explanation.
  • Whether the reasons provided for the failure to appear constitute sufficient ground for granting a restoration application.

Subjects

criminal procedurerestoration of appealnon‑appearancepass overHigh Court of Gujarat

Judgment

      R/CR.MA/4848/2026                              ORDER DATED: 27/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 4848 of
                               2026
                          In R/CRIMINAL APPEAL/919/2023

==========================================================
                  KANAIYO @ KANAIYALAL DIPCHAND DASANI
                                  Versus
                         STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR D M AHUJA(115) for the Applicant(s) No. 1
MR. YUVRAJ BRAHMBHATT, 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 11.02.2026, had dismissed

the captioned appeal in view of the fact that none appeared

when the matter was called out nor any request for pass

over was sought.



3.      Learned Advocate for the applicant stated the reasons

at para no. 3 of the application for not remaining present.



4.      Having heard learned advocate for the applicant and

having considered the application, sufficient reasons have been




                                     Page 1 of 2
        R/CR.MA/4848/2026                                                    ORDER DATED: 27/02/2026




  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)
  ADITYA SINGH


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 27/02/2026 16:19:33




                                                  Page 2 of 2


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