Mohd. Rafique v. State
Case brief
What is this about?
The High Court held that criminal proceedings do not survive when the accused appellant dies. Consequently, the S.B. Criminal Appeal was disposed of in abatement as the appellant Mohd. Rafiqu died in 2002.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 297/1994
Mohd. Rafiqu S/o Nabib Bux R/o Paal Beechla Ajmer, Haalsajayapata Kendriya Kargrah Ajmer
----Appellant
Versus
State of Rajasthan through PP
----Respondent
For Appellant(s) : None For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order
05/07/2023
None present for appellant.
Learned Public Prosecutor has submitted a report received from SHO PS. Alwar Gate, Ajmer whereby it is intimated that appellant Mohd. Rafiq who was accused in F.I.R. No. 146/1993 died in 2002 and this fact was admitted by complainant himself.
Issues for consideration
2 issues framed by the court
Whether criminal proceedings survive when the appellant is deceased
Whether the present appeal stands abated due to the death of the appellant
Parties & counsel
- appellant
Mohd. Rafiqu
- respondent
State of Rajasthan
Coram
Ashok Kumar Jain
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · July
- Registered
- Case no.
- CRLA/297/1994
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