Bharati Rajkumar Upase Daughter Of Rajkumar S. Upase v. The State Of Maharashtra And ORS.

17-ia-2527-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2527 OF 2022 IN CRIMINAL APPEAL NO. 460 of 2014 Bharati Rajkumar Upase D/o. Rajkumar S. Upase ..Applicant

Versus

The State of Maharashtra & Ors.

..Respondents __________ Mr. Aditya Kharkar i/b. Onkar A. Mane for Applicant. Mr. Yogesh Y. Dabke, APP for State/Respondent No.1. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 6th SEPTEMBER 2022 PC :

1.

The Applicant is the daughter of original Respondent No.6 Rajkumar Upase. The State has filed Criminal Appeal No.460 of 2014 against the acquittal of six respondents. The aforementioned Rajkumar Upase was the Respondent No.6. He has expired on 25/05/2020. Learned APP verified this statement. He accepted, on instructions, that the statement is true, the copy of death certificate is genuine and said respondent had expired on 25/05/2020.

Digitally signed by VINOD BHASKAR GOKHALE Date:

2022.09.08 11:32:41 +0530 VINOD BHASKAR GOKHALE Gokhale

17-ia-2527-22 2.

Considering this, this being an Appeal against the acquittal, under the provision of Section 394 of Cr.p.c. the Appeal against the original Respondent No.6 Rajkumar Upase stands abated.

3.

The Appeal shall proceed against other respondents. 4.

The Application is disposed of.

(SARANG V. KOTWAL, J.)