This order addresses a petition for withdrawal where the petitioner had died. The court held that the death of the principal authority who instituted the suit causes the petition to abate.
Petition permitted to abate on the grounds that the authority for withdrawal has ceased to exist due to the petitioner's death.
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.
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Crl. Misc. No.M-15162 of 2012(O&M)
Date of Decision:21.08.2012
Anuradha Bali @ Fiza
... Petitioner
vs.
State of Punjab & Ors. ... Respondents
CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:Mr. Dalip Mahajan, Advocate for the petitioner.
Mr. K.D. Sachdeva, Addl. AG Punjab.
VIJENDER SINGH MALIK,J(ORAL)
Learned counsel for the petitioner submits that the petitioner has died. He seeks permission of this court to withdraw the petition.
When the petitioner, whose authority learned counsel was exercising, has died, the authority with learned counsel ceases to operate. In that event, the petition would only abate. Therefore, the petition has abated.
August 21,2012 ( VIJENDER SINGH MALIK ) Jiten JUDGE
1 issue framed by the court
Whether a criminal petition abates upon the death of the petitioner.
Anuradha Bali @ Fiza
State of Punjab & Ors.
VIJENDER SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
