High Court of Gujarat

HITESH HASMATRAI BAKSANIversusSTATE OF GUJARAT

Disposal: DISPOSED AS INFRUCTUOUS
Bench: HASMUKH D SUTHAR

Holding

The revision application was abated and disposed of due to the death of the petitioner, and the associated rule was discharged.

Summary

The petitioner, Hitesh Hasmatrai Baksani, filed a criminal revision application seeking maintenance against the State of Gujarat and others. During the pendency of the revision, the petitioner died on 04 January 2024, as evidenced by a death certificate submitted by his father. The court examined the death certificate and a statement recorded by the police, and concluded that the death of the petitioner extinguished the right to continue the revision. Consequently, the revision application was held to be abated and the rule was discharged. The related criminal miscellaneous application for stay was also disposed of as a result of the abatement of the main matter.

Issues considered

What is the effect of the death of a petitioner on a pending criminal revision application?
Does the death of the petitioner render the revision application abated and the rule discharged?

Subjects

criminal revisionabated proceedingsdeath of partymaintenanceprocedural lawdisposal of application

Judgment

       R/CR.RA/1155/2023                                                         ORDER DATED: 10/04/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO.
                          1155 of 2023
                              With
      CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2023
      In R/CRIMINAL REVISION APPLICATION NO. 1155 of 2023
==========================================================
                   HITESH HASMATRAI BAKSANI
                             Versus
                    STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR MANDEEP SINGH SALUJA(8791) for the Applicant(s) No. 1
MR HB CHAMPAVAT(6149) for the Respondent(s) No. 2,3
PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                           Date : 10/04/2026
                                            ORAL ORDER

         Learned advocate Mr. Mandeep Singh Saluja appearing for the
applicant submits that pending the present revision application,
applicant has expired on 04.01.2024.

         In view of above statement and perusing the death certificate of
Hitesh Hasmatrai Baksani which is produced by his father Hasmatkumar
Baksani alongwith his statement dated 03.12.2025 recorded by the PSI
Shri S.I. Patel, Maninagar Police Station, Ahmedabad City, present
application stands disposed of as abated. Rule is hereby discharged.

         In view of disposal of main matter, Criminal Misc. Application No.1
of 2023 also stands disposed of.


                                                                         (HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/04/2026 14:57:59




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