High Court of Gujarat

SANJAY AMBALAL PATELversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH
Bench: P M RAVAL

Holding

The petition is abated and disposed of upon the death of the petitioner.

Summary

Petitioner Sanjay Ambalal Patel filed a criminal miscellaneous application seeking quash of an FIR. During proceedings, a death certificate was submitted showing the petitioner had died on 31 May 2026. The court considered the effect of the petitioner's death on the pending application. It held that the death of the petitioner results in the abatement of the criminal miscellaneous application. Consequently, the petition was disposed of as abated and the notice was discharged.

Issues considered

Whether a criminal miscellaneous application for quashing an FIR can continue after the death of the petitioner?

Subjects

Criminal Procedure CodeAbatementMiscellaneous ApplicationDeath of PetitionerFIR Quash

Judgment

           R/CR.MA/4654/2022                                                                     ORDER DATED: 17/08/2026




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                         FIR/ORDER) NO. 4654 of 2022

   ==========================================================
                                             SANJAY AMBALAL PATEL
                                                     Versus
                                            STATE OF GUJARAT & ANR.
   ==========================================================
   Appearance:
   HL PATEL ADVOCATES(2034) for the Applicant(s) No. 1
   MR. RAHUL M BAROT(9965) for the Respondent(s) No. 2
   ROHAN N SHAH APP for the Respondent(s) No. 1
   SHIVANI RAJPUROHIT(5377) for the Respondent(s) No. 2
   ==========================================================

      CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                                       Date : 17/08/2026

                                                          ORAL ORDER


   1.          Learned              Advocate               Mr.        Maharshi                Patel         for       HL        Patel
   Advocates has placed on record the photocopy of death
   certi cate of the present petitioner namely Sanjay Ambalal Patel
   who expired on 31.05.2026. The same is taken on record.


   2.          In view of the above, present petition stands disposed of as
   abated. Notice is discharged.

                                                                                                            (P. M. RAVAL, J)
   MAHENDRA M PUROHIT

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 17/08/2026
15:31:51




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