Jamnalal v. State
Case brief
What is this about?
The Court dismissed a S.B. Criminal Revision Petition as abated because the petitioner had died. No application was filed for continuation by any other person. The pending applications were disposed of and the record returned to the trial court.
What did the court decide?
Revision petition dismissed as abated due to death of petitioner; pending applications disposed of; record returned to trial court.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 638/2018
Jamnalal S/o Shri Soram Bheel, By Caste Bheel R/o Rajpuriya P. S. Chittorgarh District Chittorgarh. Presently Lodged At Sub Jail Nimbahera District Chittorgarh
----Petitioner
Versus
State Of Rajasthan Through P.P.
----Respondent
For Petitioner(s) : None Present For Respondent(s) : Mr. Gaurav Singh, P.P.
HON'BLE MR. JUSTICE FARJAND ALI Order
04/08/2023
- As per the letter dated 22.08.2022 sent by Police Station, Kotwali, District Chittorgarh wherein, it is stated that the sole petitioner Jamnalal S/o Shri Soram Bheelhas passed away. A copy of the death certificate is also annexed with the file. " Actio personalis moritur cum persona – personal action dies with the person" is the rule of criminal jurisprudence. Thus, nothing survives in this matter to proceed further.
Issues for consideration
1 issue framed by the court
Whether a criminal revision petition survives after the death of the petitioner without a substitute applicant.
Parties & counsel
- petitioner
Jamnalal S/o Shri Soram Bheel
- respondent
State Of Rajasthan Through P.P.
Coram
FARJAND ALI
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · August
- Registered
- Case no.
- CRLR/638/2018
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