HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3709/2018

Om Prakash Saini S/o Shri Gurgan Ram Saini, R/o Plot No.2, Bad

Wala Kuwa, Jai Ambe Colony, Mannaka Road, Tehsil And District

Alwar, Raj.

----Petitioner

Versus

1.

State Of Rajashtan, Jaipur

2.

Ramjeevan Saini S/o Shri Sohan Lal, R/o Sanjay Colony,

Near Railway Station Alwar, Raj.

----Respondents

For Petitioner(s)

:

None present

For Respondent(s)

:

Mr. FR Meena, PP

Mr. M.S. Raghav through VC

HON'BLE MR. JUSTICE FARJAND ALI

Order

08/02/2022

The instant miscellaneous petition has been preferred

against the order dated 26.04.2018 passed by learned Additional

District & Sessions Judge, No. 3, Alwar, Rajasthan in Criminal

Appeal No. 2/2017 titled as Om Prakash Saini v. State of

Rajasthan & Anr. whereby the application filed under Section 391

of Cr.P.C. has been disposed of.

It is apprised to this Court that the petitioner Om Prakash

Saini, who is the appellant before the learned Appellate Court, has

passed away in the month of March, 2021.

There is a legal maxim Actio Personalis Moritur cum Persona

which means in criminal matters, a personal action dies with the

person.

(2 of 2)

[CRLMP-3709/2018]

In this view, the instant miscellaneous petition as well as the

appeal has abated. Thus, nothing survives in the matter.

Accordingly, the instant miscellaneous petition is disposed of.

The stay application also stands disposed of.

(FARJAND ALI),J

SAHIL SONI /183