High Court of Gujarat

STATE OF GUJARATversusDHARAMVIRSINGH SHIYOTAJSINGH YADAV

Disposal: DISPOSED AS INFRUCTUOUS
Bench: S V PINTO

Holding

An appeal becomes infructuous upon the death of the sole respondent and must be disposed.

Summary

The State of Gujarat filed a criminal appeal (No. 314 of 2011) against Dharamvirsingh Shiyotasingh Yadav. The respondent’s counsel submitted a death certificate showing that the sole respondent had died on 21 February 2026. The court examined the certificate and noted that the death was duly registered with the Junagadh Municipal Corporation. Since the only respondent was deceased, the court held that the appeal could no longer be pursued. Consequently, the appeal was declared infructuous and disposed of.

Issues considered

The appeal can continue despite the death of the sole respondent.

Subjects

criminal appealdeath of partyinfructuous appealprocedural lawhigh court

Judgment

       R/CR.A/314/2011                                                     ORDER DATED: 09/03/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CRIMINAL APPEAL NO. 314 of 2011

==========================================================
                              STATE OF GUJARAT
                                    Versus
                     DHARAMVIRSINGH SHIYOTAJSINGH YADAV
==========================================================
Appearance:
MS. C.M SHAH, APP for the Appellant(s) No. 1
MR RUTURAJ NANAVATI(5624) for the Opponent(s)/Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 1
==========================================================

  CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                          Date : 09/03/2026
                                            ORAL ORDER

         When the matter is called out, learned advocate Mr.

Harshil Bhavsar for learned advocate Mr. Ruturaj Nanavati

for the respondent submits that the sole respondent

Dharamvirsingh                   Shiyotasingh                  Yadav         has       expired           on

21.02.2026 and tenders the copy of the death certificate

which is registered with Junagadh Municipal Corporation

which is taken on record.

         In view of the above, as the sole respondent has

expired, the appeal has become infructuous and is disposed

off accordingly.


                                                                                        (S. V. PINTO,J)
VASIM S. SAIYED

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VASIM SHABBIR SAIYED(HC01902), PRIVATE SECRETARY, at High Court of Gujarat on 09/03/2026 15:31:50




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