Suresh Tiwari vs State - 2015 Supreme(Online)(Chh) 100

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Online)(Chh) 100

CHATTISGARH HIGH COURT
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Suresh Tiwari – Appellant
Versus
State – Respondent

Advocates:
For the Appellants/Petitioners: [List of names]
For the Respondents: [List of names]

Table of Content
1. revision application abates after applicant's death without heirs' interest. (Para 1 , 4 , 11)
2. legal heirs' interest is essential to continue legal proceedings. (Para 2 , 3 , 5 , 6)
3. court's powers and procedural provisions regarding abatement of appeals. (Para 7 , 8 , 9 , 10)

1. This revision application has been preferred by the applicant (since deceased) challenging his conviction under S.380 of the Indian Penal Code (for short 'the IPC') and sentence of RI for 3 months and fine of Rs.500/-, in default of payment of fine to further undergo SI for one month.

2. In course of hearing of this revision application on 10-4-2013 the applicant's counsel informed the Court that the applicant has died. A report was called for to ascertain the fact of death of the applicant. The concerned Station House Officer submitted a report along with the death certificate of the applicant to the effect that the applicant Suresh Tiwari has died on 19-3-2010.

3. On 18-10-2013 learned counsel for the applicant prayed for time to bring the legal heirs of the deceased applicant on record, however, no such application has been filed.

4. When the matter was called for hearing today, lear