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Bombay High CourtAPPA/1283/2014others disposed off

Asha Dattatray Acharya And ANR v. The State Of Maharashtra

2015-01-22Hon'Ble Shri Justice A.S. Gadkari2 pages

PNP 1/2 APPA1283-22.1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1283 OF 2014 IN CRIMINAL APPEAL NO.92 OF 2010 WITH CRIMINAL APPLICATION NO.1284 OF 2014 IN CRIMINAL APPEAL NO.93 OF 2010 Dattatraya Laxman Acharya (since deceased) by his heirs and legal representatives 1A Asha Dattatraya Acharya and another ..Applicants.

versus The State of Maharashtra ..Respondent.

.....

Mr. Omkar Nagvekar i/b Mr. P.R. Arjunwadkar for the Applicants. Ms. R.M. Gadhvi, Addl. P.P. for the State.

.....

CORAM : A.S. GADKARI, J.

22nd January, 2015.

P.C. :

These are the Applications preferred by the legal representatives of the original accused for impleading themselves as the legal heirs of the original accused viz. Dattatraya Laxman Acharya. It is stated that the original accused - Dattatrey Laxman Acharya expired on 8th March, 2014 at village Owe. The learned counsel appearing for the Applicants submits that with a view to wipe out the stigma from the deceased/ accused, they are interested in pursuing the present Appeal after his demise.

2.

Heard Mr. Nagvekar, learned counsel appearing for the Applicants and the learned APP. Perused the Criminal Application

PNP 2/2 APPA1283-22.1 Nos.1283 and 1284 of 2014. For the reasons stated in the said Applications, I am satisfied that the present Applications deserve to be allowed in the interests of justice.

3.

The Criminal Applications are allowed in terms of prayer clause (a). Amendment to be carried out within a period of three weeks from today.

(A.S. Gadkari, J.)