Digambar Pundlik Patkar And ORS. v. Shivajirao Appaji Patil And ORS.

Dusane 1/2 wps909-1438.2002

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.909 OF 2002 Digambar Pundlik Patkar & Ors.

....

Petitioners Vs.

Shri.Shivajirao Appaji Patil & Ors.....

Respondents WITH CRIMINAL WRIT PETITION NO.1438 OF 2002 Smt. Achala Joshi ....

Petitioner Vs.

Shri.Shivajirao Appaji Patil & Ors.....

Respondents Mr. Ganesh Gole, Advocate for the Petitioners Ms. N.S. Jain, A.P.P. for the respondent- State. Coram : Smt. R.P. SondurBaldota, J.

Date : 23rd February, 2017 P.C.

Mr. Gole, the learned advocate for the petitioners states that respondent no.1, the original complainant, has died and tenders Death Certificate showing the date of death of respondent no. 1 as 22nd November, 2009. In view of death of the complainant, the private complaint being C.C. No.369 of 1999, filed by him pending in the Court of 30th Additional

Dusane 2/2 wps909-1438.2002 Metropolitan Magistrate alleging offences punishable under Sections 7 and 8 read with Section 3 of the Maharashtra Educational Institutions (Prohibition of Capitation Fees) Act, 1987 read with Section 34 Indian Penal Code does not survive. It stands abated. As a consequence, the petitions herein arising out of that complaint will also not survive and are accordingly disposed off.

(Smt. R.P. SondurBaldota, J.)