High Court of Gujarat

UPENDRABHAI TIKAMLAL KAPADIAversusSTATE OF GUJARAT

Disposal: 46-ANY OTHER MODE @ FH
Bench: P M RAVAL

Holding

The death of the petitioner extinguishes his right to continue the pending criminal miscellaneous applications, leading to their disposal.

Summary

The petitioner, Upendrabhai Tikamlal Kapadia, had filed several criminal miscellaneous applications seeking quashing of FIR, setting aside orders, and other reliefs. During the pendency of these applications, the petitioner died on 19 April 2026, and a photocopy of his death certificate was placed on record by his counsel. The court examined the effect of the petitioner's death on the pending applications. It held that the death of the petitioner extinguishes his locus standi to pursue the applications. Consequently, the court disposed of Criminal Miscellaneous Application No. 932 of 2021. The matter was adjourned for further orders on the related applications to be heard on 29 October 2026.

Issues considered

What is the legal effect of the death of a petitioner on pending criminal miscellaneous applications?

Subjects

death of petitionerabatementcriminal miscellaneous applicationdisposal of applicationlocus standi

Judgment

      R/CR.MA/932/2021                                     ORDER DATED: 30/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                   FIR/ORDER) NO. 932 of 2021
                             With
          R/CRIMINAL MISC.APPLICATION NO. 626 of 2021
                             With
CRIMINAL MISC.APPLICATION (FOR VACATING INTERIM RELIEF) NO.
                           1 of 2022
        In R/CRIMINAL MISC.APPLICATION NO. 626 of 2021
                             With
     CRIMINAL MISC.APPLICATION (DIRECTION) NO. 2 of 2021
        In R/CRIMINAL MISC.APPLICATION NO. 626 of 2021
                             With
 CRIMINAL MISC.APPLICATION (FOR CLARIFICATION) NO. 3 of 2021
        In R/CRIMINAL MISC.APPLICATION NO. 626 of 2021
==========================================================
                         UPENDRABHAI TIKAMLAL KAPADIA
                                     Versus
                            STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR JIGAR P RAVAL(2008) for the Applicant(s) No. 1
KSHITIJ M AMIN(7572) for the Respondent(s) No. 2
MR EKANT G AHUJA(5323) for the Respondent(s) No. 2
YUVRAJ BRAHMBHATT APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                 Date : 30/07/2026

                                  ORAL ORDER


Order In R/Criminal Misc. Application No. 932 Of 2021

1.      Learned Advocate for the petitioner has placed on record
the    photocopy          of   death    certificate   of    petitioner       namely
Upendrabhai Tikamlal Kapadia who has expired on 19.04.2026.
The same is taken on record.


2.      In view of the above, Criminal Misc. Application No. 932 of
2021 stands disposed of accordingly.




                                       Page 1 of 2
         R/CR.MA/932/2021                                                                     ORDER DATED: 30/07/2026




    Order in R/Criminal Misc.Application No. 626 of 2021
                             With
 Criminal Misc.Application (for Vacating Interim Relief) No.
  1 of 2022 In R/Criminal Misc.Application No. 626 of 2021
                             With
    Criminal Misc.Application (direction) No. 2 of 2021 In
        R/Criminal Misc.Application No. 626 of 2021
                             with
 Criminal Misc.Application (for Clarification) No. 3 of 2021
       In R/Criminal Misc.Application No. 626 of 2021


 Stand over to 29.10.2026.

                                                                                                          (P. M. RAVAL, J)
 MMP



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 30/07/2026
15:25:21




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