Extracted from the PDF above. The PDF is authoritative.
R/SCR.A/13418/2023 ORDER DATED: 08/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 13418 of 2023 ========================================================== JANAKKUMAR HARIBHAI RATHOD Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: DR BALRAM D JAIN(3146) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2,3,4 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 08/10/2025 ORAL ORDER
1. When the matter is called out, the learned advocate for the petitioner remains absent. With the assistance of the learned APP, the matter is taken up for hearing.
2. By way of the present petition, the petitioner prays for restoration of Criminal Appeal No.143 of 2016, which came to be dismissed as withdrawn by the impugned order dated 17.12.2017 passed below Exhibit 1 by the learned Sessions Judge, City Civil and Sessions Court No.11, Ahmedabad City, in the National Lok Adalat. The said appeal was dismissed as withdrawn pursuant to a withdrawal pursis filed by the learned advocate appearing for the petitioner.
3. In view of the above facts, this Court is of the opinion that the order passed by the Court below is not amenable to the writ jurisdiction of this Court under Article 226 of the Constitution of India. Even otherwise, an alternative and efficacious remedy is
R/SCR.A/13418/2023 ORDER DATED: 08/10/2025 available to the petitioner.
4. Therefore, no case is made out to exercise extraordinary jurisdiction under Article 226 of the Constitution of India. The present petition is accordingly dismissed. However, it is kept open for the petitioner to avail appropriate remedy before the competent forum in accordance with law.
(HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 09/10/2025 10:40:56