MEGHJIBHAI POPATBHAI KASUNDRAversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The application for restoration was allowed, and the dismissed criminal appeal was restored to its original status.
Summary
The applicants filed a criminal miscellaneous application seeking restoration of a criminal appeal that had been dismissed on 6 April 2026 because no party appeared when the matter was called out and no request for a passover was made. The court had earlier dismissed the appeal on those grounds. The applicants, through counsel, explained the reasons for their non‑appearance in paragraph 2 of the application. After hearing the counsel and reviewing the reasons provided, the court found them sufficient. Consequently, the court allowed the restoration application and reinstated the appeal to its original status.
Issues considered
- Whether a criminal appeal dismissed for non‑appearance and lack of a passover request can be restored on the basis of the applicant's explanation.
Subjects
Judgment
R/CR.MA/9935/2026 ORDER DATED: 01/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 9935 of
2026
In R/CRIMINAL APPEAL/2345/2023
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MEGHJIBHAI POPATBHAI KASUNDRA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ADIL R MIRZA(2488) for the Applicant(s) No. 1,2,3,4,5
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 01/05/2026
ORAL ORDER
1. The present application is filed seeking restoration of
the captioned matter.
2. This Court by an order dated 06.04.2026 had dismissed
the captioned matter in view of the fact that none
appeared 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.2 of the application for not remaining present.
4. Having heard learned advocate for the applicant and
having considered the application, sufficient reasons have
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R/CR.MA/9935/2026 ORDER DATED: 01/05/2026
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 01/05/2026 15:24:33
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