Gujarat High Court Case Information System
Print
CR.MA/9567/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9567 of 2005
in
CRIMINAL
APPEAL No. 614 of 1997
==============================================================
JIVRAJBHAITAPUBHAIPIPARIYA(NOWDECEASED.THRO'HISLEGAL
- Applicant(s)
Versus
STATEOFGUJARAT
- Respondent(s)
==============================================================
Appearance
:
MR
AJ YAGNIK for
Applicant(s) : 1,
Mr.L.R.Pujari, A.P.P. for Respondent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANIL R. DAVE
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 10/10/2005
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE ANIL R. DAVE)
This
is an application praying for abatement of Criminal Appeal no.614 of
1997. The application has been filed by the widow of the accused
stating that the accused, Jivrajbhai Tapubhai Pipariya, expired on
10th February. 2005. It has been stated in the
application that in view of the sad demise of the accused, the
appeal stands abated, and therefore, an appropriate order may be
passed.
Learned
A.P.P.Shri Pujari appearing for the respondent-State has fairly
submitted that in view of death of the accused, the appeal would not
survive and would stand abated as per the provisions of Section 378
of the Criminal Procedure Code.
In
view of the afore stated facts, the application is allowed. Criminal
Appeal no.614 of 1997 stands abated. A copy of this order be placed
in Criminal Appeal no.614 of 1997.
(Anil
R.Dave,J. (M.D.Shah,J.)
ard-lee
Top