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Bombay High CourtAPPP/750/2017

Ramesh S. Kulkarni Since Deceased Through Lrs Mayur R. Kulkarni v. Anil Bhargava And ORS

2017-09-14Hon'Ble Shri Justice A.S. Gadkari2 pages

Dond 1/2 appp.750-2017.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 750 OF 2017 IN CRIMINAL APPLICATION NO.1247 OF 2014 Ramesh S. Kulkarni since deceased through L.R.s ..Applicants ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. R.S. Tripathi i/b R.R. Mishra for Applicant. Mr. A.J. Kandarkar for applicant in APPP No.750 of 2017 Ms. Rutuja Ambekar, APP for State.

CORAM : A.S. GADKARI, J.

DATE : 14th September 2017.

P.C.:

1] This is an application for substitution of applicants/legal heirs of Respondent No.1, as the respondent No.1 has expired on 4.10.2015. The applicants being legal heirs of respondent No.1 intend to continue with the prosecution.

2] Learned Counsel for the applicant/original accused opposed the present application on the ground that the applicants as there is no resolution by the Society is passed in favour of the applicants and therefore they cannot

Dond 2/2 appp.750-2017.sxw further prosecute the complaint.

The said contention of the original accused can be taken in to consideration at the time of hearing of Criminal Application No.1247 of 2014.

3] For the reasons stated in the application and in the interest of justice, application is allowed in terms of prayer clauses (a) and (b). 4] Applicant in Criminal Application No.1247 of 2014 is hereby directed to implead the applicants as respondents. Amendment to be carried out within 2 weeks from today and an amended copy of the application be served upon Advocate for the newly added respondents.

5] Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)