The Rajasthan High Court dismissed a criminal revision petition challenging a charge-framing order as having abated due to the death of the petitioner during the petition's pendency, without addressing the substantive legal issues.
The revision petition was dismissed as abated due to the death of the petitioner.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 79/2005
Bhawani Singh Son of Shri Heera Lal R/o Near Police Line, Alwar (Rajasthan)
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
Connected With
S.B. Criminal Revision Petition No. 345/2005
Ummed Singh
----Petitioner Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Mahesh Gupta Mr. Dharmendra Choudhary for Mr. Biri Singh For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
02/12/2021
S.B. Criminal Revision Petition No. 79/2005
This matter has come up on an application (IA No.2/2021), wherein, it has been submitted that the accusedpetitioner-Bhawani Singh has filed the present revision petition before the Court challenging the order of framing charge passed by learned trial court. During pendency of the revision petition, the accused-petitioner-Bhawani Singh has died on 13.05.2021. Looking to the above facts, this petition has become abated and the same may be dismissed as having become abated.
[CRLR-79/2005]
(2 of 2)
In view of the submissions, the application is allowed and the revision petition is dismissed as having become abated on the death of the accused-petitioner-Bhawani Singh.
S.B. Criminal Revision Petition No. 345/2005
List after two weeks, as prayed.
(MANOJ KUMAR VYAS),J
Sunita/22-23
2 issues framed by the court
Whether a criminal revision petition abates on the death of the accused-petitioner during its pendency?
Whether the abatement of a criminal revision petition requires a formal decision on the merits?
Bhawani Singh Son of Shri Heera Lal
State of Rajasthan through PP
Ummed Singh
State of Rajasthan through PP
Manoj Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
