MAHESH VELABHAI CHAUDHARIversusSTATE OF GUJARAT
- Disposal
- 60-DISMISSED FOR DEFAULT @ ADMISSION STAGE
- Bench
- VIMAL K VYAS
Holding
The application is dismissed for want of prosecution due to the applicant's repeated non‑appearance and lack of interest.
Summary
Mahesh Velabhai Chaudhary filed a criminal miscellaneous application seeking consent quashing against the State of Gujarat. The applicant's counsel repeatedly requested adjournments on 15.04.2026 and 22.04.2026, and failed to appear when the matter was called. On 22.04.2026 the court adjourned the matter to 23.04.2026, noting the applicant's absence. On the scheduled date, the counsel again submitted a sick note, indicating the applicant's lack of interest in pursuing the application. Considering the pattern of adjournments, non‑appearance and the sick notes, the court held that the applicant was not interested in proceeding. Consequently, the criminal miscellaneous application was dismissed for want of prosecution.
Issues considered
- What is the appropriate course of action when an applicant repeatedly fails to appear and requests adjournments, indicating lack of interest in proceeding with a criminal miscellaneous application?
Subjects
Judgment
R/CR.MA/6912/2026 ORDER DATED: 23/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 6912
of 2026
==========================================================
MAHESH VELABHAI CHAUDHARI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
SAURABH M VORA(7044) for the Applicant(s) No. 1
MS. DIVYANGNA JHALA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 23/04/2026
ORAL ORDER
1. On 22.04.2026, this Court has passed the following order:-
“1. On 15.04.2026, this Court has passed the following
order:
“On the last two occasions, the matter was
adjourned at the request of learned advocate
Mr.Saurabh Vora appearing for the applicant.
Today also, none remained present on behalf of the
applicant when the matter is called out.
As a last chance, the matter is adjourned to
22.04.2026.”
2. Today, learned advocate Mr.Saurabh M. Vora
appearing for the applicant has circulated a sick note.
3. List this matter tomorrow, i.e., 23.04.2026, in the
supplementary board.”
2. Today also, the situation has remained unaltered. Learned
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R/CR.MA/6912/2026 ORDER DATED: 23/04/2026
advocate Mr. Saurabh M. Vora appearing for the applicant has
again circulated a sick note. Considering the order-sheets and
considering the orders of this Court dated 15.04.2026 as well as
22.04.2026, it clearly appears that the applicant is not
interested to proceed further with the matter.
3. Under the circumstances, the present Criminal Misc.
Application stands dismissed for want of prosecution.
(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 23/04/2026 16:22:58
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