High Court of Gujarat

KISHORBHAI PREMJIBHAI CHIKHALIYAversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: M R MENGDEY

Holding

The court held that the petition abates upon the death of the petitioner.

Summary

The petitioner, Kishorbhai Premjibhai Chikhaliya, filed Special Criminal Application No. 8944 of 2019 seeking quash of proceedings. During the pendency, the petitioner died on 31 March 2026, and a death certificate was produced. The petitioner’s counsel informed the court of the death. The court considered whether the application could continue after the petitioner’s demise. Finding that the petitioner's death extinguishes the right to pursue the application, the court held the matter abated. Consequently, the application was disposed of.

Issues considered

Whether a Special Criminal Application for quashing can continue after the death of the petitioner?

Subjects

Special Criminal Applicationquashabateddeath of petitionerprocedural law

Judgment

            R/SCR.A/8944/2019                                                    ORDER DATED: 18/06/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8944 of 2019

     ==========================================================
                              KISHORBHAI PREMJIBHAI CHIKHALIYA
                                           Versus
                                  STATE OF GUJARAT & ANR.
     ==========================================================
     Appearance:
     NISHITH P ACHARYA(9308) for the Applicant(s) No. 1
     NOTICE SERVED for the Respondent(s) No. 2
     MR ROHAN RAVAL, APP for the Respondent(s) No. 1
     ==========================================================

        CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                               Date : 18/06/2026

                                                      ORDER

               Learned advocate for the petitioner submitted that the petitioner has
     expired on 31.3.2026. He also produced on record a copy of death certificate of
     the petitioner.

               In view of the above, the matter stands disposed of as having abated.




                                                                                     (M. R. MENGDEY,J)
     Manshi


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIN MANSI(HC01561), Private Secretary, at High Court of Gujarat on 18/06/2026 16:03:51




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