R/CR.MA/8660/2025 ORDER DATED: 22/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (RECALL) NO. 8660 of 2025 In R/CRIMINAL REVISION APPLICATION NO. 744 of 2024 ================================================================ RUCHIRBHAI JAGDISHCHANDRA MEHTA Versus STATE OF GUJARAT & ORS. ================================================================ Appearance: JAIMIN A GANDHI(8065) for the Applicant(s) No. 1 MS MARIYA M DALAL(3957) for the Respondent(s) No. 2,3,4 MR ROHANKUMAR RAVAL, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ================================================================ CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 22/09/2025 ORAL ORDER 1. In compliance of the order of this Court dated 31.07.2025, learned advocate Ms. Mariya M. Dalal has produced the photocopy of the affidavits submitted by both the parties, i.e. Ruchirbhai Jagdishchandra Mehta at Exhibit 33 and Avani Ruchirbhai Mehta at Exhibit 37 in Criminal Miscellaneous Application No.1991 of 2018 filed before the learned Family Court, Ahmedabad. R/CR.MA/8660/2025 ORDER DATED: 22/09/2025 2. A prayer is made by learned advocate Mr. Jaimin A. Gandhi for the applicant to recall the order dated 24.07.2024 in Criminal Revision Application (For Maintenance) No.744 of 2024. Learned advocate Mr. Jaimin A. Gandhi has referred to the ground, i.e. owing to the non-appearance of the advocate on the date of the order 24.07.2024. It is further submitted by learned advocate Mr. Jaimin A. Gandhi that one- Shri. Yogesh Pokar was entrusted with the work for purpose of a new lawyer after learned advocates Mr. Harsh A. Vyas and Mr. J.N. Upadhyay had given the No Objection Certificate and since Shri. Yogesh Pokar had not made arrangements for a lawyer, the matter came to be dismissed on the ground of non- appearance of advocate. Learned advocate Mr. Jaimin A. Gandhi has further submitted that a complaint has been filed against Shri. Yogesh Pokar and has also referred to Annexure ‘G’ to refer to the complaint dated 28.03.2025 addressed to the Police Inspector, Madhapar Police Station. R/CR.MA/8660/2025 ORDER DATED: 22/09/2025 3. Countering the above arguments, learned advocate Ms. Mariya M. Dalal submitted that on the date of the order, i.e. 24.07.2024, the lawyer on record failed to appear and nothing has come on record to show that the lawyers of the applicant had retired. Learned advocate Ms. Mariya M. Dalal submitted that there was no compliance of the order dated 11.07.2024 which was for production of schedule of payment in connection with the order of maintenance passed by the learned Family Court on 16.02.2024 where the applicant had been ordered to pay the maintenance to the wife and two minors, i.e. Rs.10,000/- to the wife and Rs.4,000/- to each of the minors. It is further submitted by learned advocate Ms. Dalal that the learned Family Court had referred to the income tax returns and also the fact that the revisionist is a Civil Engineer. Learned advocate Ms. Dalal has also submitted that the photocopy of the affidavit/s which has been produced today are from the proceedings R/CR.MA/8660/2025 ORDER DATED: 22/09/2025 before the learned Family Court at Exhibits 33 and 37 and thus, there would not be any reason for recalling the order of this Court dated 24.07.2024, in absence of the lawyer/s where there was no retirement pursis on record. 4. Having regard to the arguments raised by both the sides, the order of the learned Family Court has been put to challenge, however, the compliance of the order and the right to challenge would be two different aspects. 5. Just to give an opportunity to the applicant, the order dated 24.07.2024 is recalled and the original matter, i.e. Criminal Revision Application No.744 of 2024 is ordered to be restored on the file of the Court and let the matter be listed on SEPTEMBER 29, 2025. Sd/- (GITA GOPI, J) CAROLINE / DB # 1 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CAROLINE ANTHONISWAMY(HC00212), Principal pvt Secretary, at High Court of Gujarat on 22/09/2025 16:02:21