The High Court reaffirmed that criminal revision proceedings abate following the petitioner’s death, resulting in dismissal on abatement grounds. This upholds settled procedure and acts as binding authority for courts and practitioners handling similar posthumous abatement issues in criminal revisions.
Summary
| Category | Data |
|---|---|
| Case Name | CR.R/54/2015 of R.D SHARMA Vs SURENDER SINGH JAMWAL |
| CNR | HPHC010047152015 |
| Date of Registration | 27-02-2015 |
| Decision Date | 27-10-2025 |
| Disposal Nature | Abated |
| Judgment Author | Hon’ble Mr. Justice Rakesh Kainthla |
| Court | High Court of Himachal Pradesh |
| Precedent Value |
|
| Type of Law | Criminal Procedural Law |
| Ratio Decidendi |
The Court held that since the petitioner had expired, the criminal revision proceedings abated as a matter of law. Accordingly, the revision petition and any pending miscellaneous applications were dismissed as abated. This reiterates the settled procedural position relating to abatement on the death of a petitioner in criminal revision matters. |
| Facts as Summarised by the Court |
The petitioner’s counsel informed the court that the petitioner had expired. In view of this development, the Court declared the proceedings abated and dismissed the criminal revision and connected miscellaneous applications. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Himachal Pradesh |
| Persuasive For | Other High Courts |
What’s New / What Lawyers Should Note
- Reaffirms that criminal revision proceedings abate on the death of the petitioner.
- Dismissal on abatement grounds extends to all connected miscellaneous applications.
- Ensures procedural certainty for parties and courts when a petitioner dies during pendency of revision.
Summary of Legal Reasoning
- The Court was apprised by the petitioner’s counsel that the petitioner had expired.
- Since there was no representation for the respondent and in light of the petitioner’s death, the Court held that proceedings cannot continue.
- The Court declared the revision petition and pending miscellaneous applications abated and dismissed them, following the settled legal procedure for abatement on death of a party in criminal revision.
- The reasoning is based on procedural norms, which require abatement of criminal revision proceedings upon the death of the petitioner.
Arguments by the Parties
Petitioner
- Through counsel, submitted to the Court that the petitioner had expired.
Respondent
- None; not represented at the hearing.
Factual Background
- The matter originated as a criminal revision before the High Court of Himachal Pradesh.
- During pendency of the criminal revision, the petitioner’s counsel informed the Court of the petitioner’s death.
- Thereafter, the Court decided the proceedings in light of this submission.
Statutory Analysis
- The judgment’s decision is based on the application of procedural law regarding abatement of criminal revision proceedings on the death of the petitioner.
- The Court applied the settled legal procedure for such abatement in criminal revisions.
Alert Indicators
- ✔ Precedent Followed – The judgment reaffirms and applies settled principles on abatement of proceedings, without departing from existing law.