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Bombay High Court

MOHAMMED JAMIL MOOSA HAKIMversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The revision application was dismissed as abated due to the death of the applicant.

Summary

Mohammed Jamil Moosa Hakim filed a criminal revision application in the Bombay High Court. Before the matter could be heard, the applicant died, as confirmed by the State's counsel. No counsel appeared for the applicant, and the State submitted a communication confirming the death. The Court considered whether the pending revision could continue after the applicant's death. Finding that the cause of action ceased with the applicant's demise, the Court dismissed the revision as abated.

Issues considered

  • Can a criminal revision application proceed when the applicant has died before the hearing?

Subjects

  • criminal revision
  • abated proceedings
  • death of applicant
  • procedural law

Judgment

                Digitally signed by SMITA
SMITA JOHNSON   JOHNSON GONSALVES
GONSALVES       Date: 2026.02.18 16:14:17
                +0530




                                            sg                                                                            27.revn256-11.docx


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                                     Criminal Revision Application No.256 of 2011

                            Mohammed Jamil Moosa Hakim
                            Occ: Typist, aged about 62 years,
                            residing at C.S.No.392/393, Hakim
                            Bungalow, Shaikh Misri Road,
                            Antop Hill, Mumbai – 400 037
                            (In Jail Mumbai Central Prison)                                                             … Applicant

                                                 versus

                            The State of Maharashtra
                            (The Antop Hill Police Station)                   … Respondent
                                                           ----
                            None for the applicant.
                            Mr Arfan Sait, APP, for the respondent/ State.
                            PSI Sunil Pildankar, Antop Hill Police Station, is present.
                                                           ----
                                                                                                             Coram: R.N. Laddha, J.
                                                                                                             Date: 17 February 2026.
                            P.C.:

                            .                    None present for the applicant.


                            2.                   The learned APP, on instructions, informs the Court that
                            the applicant Mohammed Jamil Moosa Hakim has passed away
                            before two years and nothing survives in this revision
                            application. The learned APP also tenders a communication to

                                                                                Page 1 of 2
                                                                   __________________________________________________

                                                                        17 February 2026
     sg                                                                             27.revn256-11.docx


that effect received from Police Inspector (Crime), Antop Hill
Police Station, which is taken on record and marked “X” for
identification.


3.        In view of the aforesaid, the present criminal revision
application stands dismissed as abated.


                                                                                (R.N. Laddha, J.)




                                        Page 2 of 2
                           __________________________________________________

                                17 February 2026


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