High Court of Gujarat

VISHNUBHAI V NAYAK,versusBHUPENDRA CHINUBHAI NAYAK

Disposal: DISPOSED AS INFRUCTUOUS
Bench: HEMANT M PRACHCHHAK

Holding

The appeal stands disposed of as infructuous because the sole accused has died.

Summary

The appellant, Vishnubhai V. Nayak, filed a criminal appeal against an acquittal dated 11 July 2008 granted by the Additional Sessions Judge, Ahmedabad. The appeal challenged the judgment that had cleared the accused, Bhupendra Chinubhai Nayak, and another respondent. During the hearing, counsel for the respondent produced a death certificate showing that Bhupendra Chinubhai Nayak had died on 1 July 2026. The court noted that the sole accused against whom the appeal was directed was now deceased. Consequently, the court held that the appeal could no longer be pursued and ordered it to be disposed of as infructuous.

Issues considered

What is the effect on a criminal appeal when the sole accused against whom the appeal is filed dies before the appeal is decided?

Subjects

criminal appealdeath of accusedinfructuous appealacquittalprocedural law

Judgment

         R/CR.A/2514/2008                                                        ORDER DATED: 22/07/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL APPEAL NO. 2514 of 2008
 ================================================================
                                 VISHNUBHAI V NAYAK,
                                        Versus
                           BHUPENDRA CHINUBHAI NAYAK & ANR.
 ================================================================
 Appearance:
 MR NV GANDHI(1693) for the Appellant(s) No. 1
 MR DINESH B PATEL(3495) for the Opponent(s)/Respondent(s) No. 1
 MS YUKTA M SUMARA FOR MR RJ GOSWAMI(1102) for the
 Opponent(s)/Respondent(s) No. 1
 MS JYOTI BHATT, ADDL. PUBLIC PROSECUTOR for the
 Opponent(s)/Respondent(s) No. 2
 ================================================================
    CORAM:HONOURABLE MR. JUSTICE HEMANT M.
          PRACHCHHAK

                                              Date : 22/07/2026
                                                  ORDER
           Present appeal is filed by the appellant – original complainant
 against the judgment and order of acquittal dated 11.07.2008 passed
 by the learned Additional Sessions Judge, Ahmedabad in Criminal
 Appeal No.159 of 2007.
           When the matter is taken up for hearing, learned counsel
 Ms.Yukta Sumara, appearing on behalf of Mr.R.J. Goswami, learned
 counsel for the respondent – original accused, has submitted that
 pending the present proceedings, the sole respondent accused –
 Bhupendrabhai Chinubhai Nayak has passed away on 01.07.2026.
 Learned counsel has produced the death certificate issued by the
 competent authority, the same is ordered to be taken on record.
           In view of above, as the sole respondent accused, against whom
 the present appeal is preferred, has expired, the present appeal
 stands disposed of as having become infructuous.



                                                                    (HEMANT M. PRACHCHHAK,J)

 Dolly

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 22/07/2026 17:28:01

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