ALIASGER TAHIR MALA,C/O.CAN IN FOOD PRODUCTS,SHED NO.C-1/105versusSTATE OF GUJARAT
- Disposal
- 98-DISPOSED AS ABATED
- Bench
- HASMUKH D SUTHAR
Holding
A criminal revision application is abated and must be disposed of when all accused parties have died, leaving no surviving entity for adjudication.
Summary
The High Court of Gujarat considered a criminal revision application filed by Aliasger Tahir Mala and others after their conviction in a 1993 criminal appeal. While the appeal was pending, one accused, Ismail Ibrahim Khokhawala, died, causing his appeal to abate. Subsequently, the remaining accused, Aliasger Tahir Mala, also died, as verified by a police report. Since both partners of the partnership firm Can‑In Food Products had died, the firm was deemed dissolved and there was nothing left to adjudicate. Accordingly, the court held that the revision application could not proceed and disposed of it as abated.
Issues considered
- What is the effect of the death of all accused parties on a pending criminal revision application?
Subjects
Judgment
R/CR.RA/540/2009 ORDER DATED: 18/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 540 of 2009
==========================================================
ALIASGER TAHIR MALA,C/O.CAN IN FOOD PRODUCTS,SHED NO.C-
1/105 & ANR.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR TEJAS M BAROT(2964) for the Applicant(s) No. 1,2
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 18/03/2026
ORAL ORDER
1. When the matter is called out for hearing, the learned APP
has produced a report dated 22.12.2025 prepared by Pardi
Police Station, Valsad.
2. The report is taken on record.
3. It appears that proceedings were initiated against the
accused, namely: (i) Aliasger Tahir Mala – applicant No.1 herein;
(ii) Ismail Ibrahim Khokhawala; and (iii) M/s. Can-In Food
Products, a partnership firm – respondent No.2 herein. Upon
conviction in Criminal Appeal No.1014 of 1993, being aggrieved
and dissatisfied, the accused persons preferred an appeal before
the learned Additional Sessions Judge, Valsad, being Criminal
Appeal No.171 of 2002.
4. During the pendency of the appeal, accused No.2 – Ismail
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R/CR.RA/540/2009 ORDER DATED: 18/03/2026
Ibrahim Khokhawala expired, and accordingly, the appeal
against him stood abated. Thereafter, during the pendency of the
present Criminal Revision Application, Aliasger Tahir Mala, i.e.,
applicant No.1 (original accused No.1), also expired. The said
factum of death has been verified through the report of Pardi
Police Station, Valsad.
5. Since both the partners have expired, nothing further
survives for adjudication, as the partnership firm itself stands
dissolved.
6. In view of the above, the present Revision Application
stands disposed of as abated.
(HASMUKH D. SUTHAR,J)
ALI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 18/03/2026 15:09:13
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