High Court of Gujarat

RAMGOPAL NANULAL RAZAKversusSTATE OF GUJARAT

Disposal: DISPOSED AS INFRUCTUOUS
Bench: S V PINTO

Holding

An appeal becomes infructuous and must be disposed of when the appellant dies and no interested legal heir is available to continue the proceedings.

Summary

The appellant, Ramgopal Nanulal Razak, filed a criminal appeal before the Gujarat High Court. During the pendency of the appeal, the appellant died on 26 October 2014, and a death certificate was produced. The appellant’s counsel informed the Court that the legal heirs were unwilling to pursue the matter. The Court considered whether the appeal could continue in the absence of the appellant. It held that the appeal became infructuous as there was no party to carry it forward. Consequently, the appeal was disposed of as infructuous.

Issues considered

Whether a criminal appeal can proceed after the death of the appellant?
Whether the lack of interest by the legal heirs bars continuation of the appeal?

Subjects

criminal appealdeath of appellantinfructuous appealprocedural lawsuccession

Judgment

        R/CR.A/2027/2008                                                        ORDER DATED: 16/04/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CRIMINAL APPEAL NO. 2027 of 2008

 ========================================================
                                   RAMGOPAL NANULAL RAZAK
                                            Versus
                                      STATE OF GUJARAT
 ========================================================
 Appearance:
 MR HITESH L GUPTA(3937) for the Appellant(s) No. 1
 MS.C.M.SHAH, APP for the Opponent(s)/Respondent(s) No. 1
 ========================================================

    CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                            Date : 16/04/2026
                                             ORAL ORDER


                     Heard learned advocate Mr.Nayan Gupta for learned
 advocate Mr.Hitesh L. Gupta for the appellant.
                     Learned advocate Mr. Nayan Gupta for the appellant
 states that during pendency of this appeal, the appellant has
 expired on 26.10.2014 and copy of death certificated issued by
 the Birth & Death Registrar, Vadodara Mahanagar Seva Sadan is
 on record, which confirms the death of the appellant. Learned
 advocate further submits that he has tried to contact the legal
 heirs of the appellant and it appears that the legal heirs of the
 appellant are not interested to conduct the matter.
                     In view of the above, the present appeal stands
 disposed of as having become infructuous.



                                                                                           (S. V. PINTO,J)
 F.S. KAZI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAZI FARUKHUSEN(HC01075), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/04/2026 14:32:33




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