Single judge oral order dismissing an application for want of prosecution due to the applicant's counsel's repeated, unexplained absences despite multiple instances of the court affording opportunities and last warnings.
Material dismissed for want of prosecution due to non-prosecution caused by the absence of the applicant's counsel.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/6435/2021 ORDER DATED: 02/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 6435 of 2021
========================================================== SAYNA SAHEZADBHAI BISORAWALA
Versus STATE OF GUJARAT
==========================================================
Appearance:
MR. M. M. MANSURI(6277) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3 MR DHARMESH DEVNANI APP (2) for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 02/12/2021
ORAL ORDER
“When the matter was called out in first round, learned advocate appearing for the applicant was not present. In second half also learned advocate appearing for the applicant is not present. In the interest of justice, the matter is kept on 12.07.2021.”
“On 09.06.2021, the following order is
passed:-
When the matter was called out in first round, learned advocate appearing for the applicant was not present. In second half also learned advocate
Page 1 of 3
R/CR.MA/6435/2021 ORDER DATED: 02/12/2021
appearing for the applicant is not present. In the interest of justice, the matter is kept on 12.07.2021.”
However, when the matter is taken up today, learned advocate appearing for the applicant has chosen not to remain present before this court. Hence, the matter is dismissed for non-prosecution.”
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R/CR.MA/6435/2021 ORDER DATED: 02/12/2021
Under the aforesaid circumstances, present matter is dismissed for want of prosecution.
(RAJENDRA M. SAREEN,J)
R.H. PARMAR.
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1 issue framed by the court
Whether the applicant's repeated absence of counsel and failure to seek adjournment justifies dismissal for non-prosecution?
SAYNA SAHEZADBHAI BISORAWALA
STATE OF GUJARAT
RAJENDRA M. SAREEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
