Shree Ram vs. Asstt.Excise

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr. Revision No. 91 of 2012. Date of Decision: 03.6.2016.

Shree Ram ……...Petitioner.

Versus

The Assistant Excise & Taxation Commissioner and Anr.

..……....Respondent.

Coram Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting1?

For the petitioner: Mr. Satyen Vaidya, Senior Advocate with Mr. Varun Chauhan, Advocate.

For the respondents: Mr. Rupinder Singh Thakur, Additional Advocate General.

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Sandeep Sharma, J. (Oral)

As it has been noted in the previous order that petitioner has expired on 2.7.2013, during the pendency of the present revision petition and no steps whatsoever have been taken for his substitution, if any, by the LRs. An application under Section 482 Cr.PC was moved on behalf of the respondent-State for bringing on record the legal representatives of the deceased petitioner but this Court while passing the order dated 31.5.2016,

Whether reporters of the Local papers are allowed to see the judgment? Yes.

had held that application filed on behalf of the respondent-State for bringing on record LRs of deceased petitioner is not maintainable because application, if any, for bringing on record LRs of deceased was required to be moved by the LRs of the deceased petitioner not by the respondents. However, on the request having been made by Mr. Rupinder Singh Thakur, learned Additional Advocate General, matter was adjourned to 3rd June, 2016, to enable him to obtain instructions. Today, matter was listed before the Court. He also stated that while disposing of the revision petition as abated, liberty may be reserved to respondent-State to recover the amount due from the deceased petitioner in accordance with law.

2. Since petitioner has expired on 2.7.2013, present criminal revision petition filed by deceased petitioner has automatically abated and the same is ordered to be disposed of accordingly. As far as submission of learned Additional Advocate General regarding liberty, if any, is concerned, no such liberty can be granted by this Court at this Stage, that too in the revision petition filed by the deceased petitioner.

3. Accordingly, revision petition is disposed of as abated. Pending application(s), if any, also stands disposed of.

June 03, 2016 (Sandeep Sharma), manjit Judge.