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High Court of Gujarat

ALPESHBHAI ARVINDBHAI PADARIYAversusSTATE OF GUJARAT

Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

The dismissal was set aside and the matter was restored to its original status because the applicant provided sufficient reasons for non‑appearance.

Summary

The applicant, Alpehsbai Arvindbhai Padariya, filed a criminal miscellaneous application seeking restoration of a case that had been dismissed on 09-12-2025 because no party appeared on the second call and no request for a passover was made. The High Court had dismissed the matter on procedural grounds. The applicant’s counsel explained the reasons for the non‑appearance in paragraph 3 of the application. The court examined these reasons and found them sufficient to justify the failure to appear. Consequently, the court allowed the restoration application and reinstated the matter to its original status. The order was signed by Justice Sanjeev J. Thaker on 27-02-2026.

Issues considered

  • What is the effect of a dismissal for non‑appearance when no passover request is filed?
  • Can a dismissed criminal matter be restored on the basis of sufficient reasons for non‑appearance?

Subjects

restoration of dismissed casenon‑appearancepassover requestcriminal miscellaneous applicationprocedural law

Judgment

   R/CR.MA/5310/2026                                          ORDER DATED: 27/02/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 5310 of
                            2026

              In R/CRIMINAL MISC.APPLICATION/21031/2025
                    In F/CRIMINAL APPEAL/37151/2025

==========================================================
                       ALPESHBHAI ARVINDBHAI PADARIYA
                                    Versus
                           STATE OF GUJARAT & ANR.
==========================================================
Appearance:
RUSHI B BHAVSAR(9342) 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 matter.



  2. This       Court      by      an      order      dated      09.12.2025         had

     dismissed the captioned matter 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               no.3 of the application for not

     remaining present.



                                        Page 1 of 2
                R/CR.MA/5310/2026                                                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 16:48:28




                                                        Page 2 of 2


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