MEDHAVINI HIMANSHU PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate for the applicant.

(2.) The applicant herein is a wife of Himanshu Pathak, who died on 6/12/2020. The husband of the applicant was facing Criminal Case No.64322 of 2017 for the alleged offences punishable under Ss. 323 , 294(b) , 506(2) , 427 and 114 of the Indian Penal Code. The deceased being a public servant was serving with the police department. After sad demise of the deceased, learned advocate for the applicant has filed an application dtd. 7/6/2021 inter alia stating that in view of the death of accused - Himanshu Pathak, necessary order for abatement may be passed. Learned Additional Metropolitan Magistrate Court, vide its order dtd. 17/12/2021, did not consider the prayer of abatement and further recorded that matter may be considered after conclusion of Special Criminal Application No.8050 of 2018 as there is a stay order against the trial proceedings. In this background facts, instant application is filed by widow inter alia stating that the learned Trial Court has committed an error of law while passing the order, and therefore, the order is not sustainable in eye of law.

(3.) Learned advocate for the applicant would submit that the deceased was not a party to said Special Criminal Application, and therefore, the learned Trial Court ought to have considered the prayer made by widow.