High Court of Gujarat

NEHA VIRJIBHAI CHAUDHARY W/O RUTVIKKUMAR CHANDULALPATELversusSTATE OF GUJARAT

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: M R MENGDEY

Holding

The application was dismissed for want of prosecution due to the petitioner's counsel's absence.

Summary

The petitioners, Neha Virjibhai Chaudhary and another, filed a Special Criminal Application seeking police protection under the Gujarat High Court. The application was to be heard on 6 July 2026 before Justice M. R. Mengdey. At the hearing, the petitioners' counsel, Satishkumar M. Prajapati, was not present. The Court noted the absence of representation and consequently held that the application could not be proceeded with. Relying on the principle that a matter cannot be pursued without prosecution, the Court dismissed the application for want of prosecution. No substantive merits of the police protection request were examined.

Issues considered

What is the appropriate procedural response when the petitioner's counsel is absent at the hearing of a Special Criminal Application?

Subjects

Police protectionSpecial Criminal ApplicationDismissal for want of prosecutionProcedural defaultHigh Court of Gujarat

Judgment

      R/SCR.A/16299/2025                                                    ORDER DATED: 06/07/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION (DIRECTION - POLICE
                     PROTECTION) NO. 16299 of 2025

==========================================================
 NEHA VIRJIBHAI CHAUDHARY W/O RUTVIKKUMAR CHANDULALPATEL
                            & ANR.
                            Versus
                   STATE OF GUJARAT & ORS.
==========================================================
Appearance:
SATISHKUMAR M PRAJAPATI(8728) for the Applicant(s) No. 1,2
MR TRUPESH KATHIRIYA, PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================

   CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                         Date : 06/07/2026

                                                ORDER


1.        Today, when the matter was called out, learned
Advocate for the petitioners was not present.


2.        Hence, this matter stands dismissed for want of
prosecution.



                                                                               (M. R. MENGDEY,J)
UMESH/-


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 06/07/2026 16:54:30




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