Prakash Nivrutti Pote (Since Deceased) Through Legal Heirs Kiran Prakash Pote And ORS. v. State Of Maharashtra

(3)Apeal-1501-2011.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2023.10.03 18:31:29 +0530 RAJSHREE KISHOR MORE CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3255 OF 2023 IN CRIMINAL APPEAL NO.1501 OF 2011 Smr.Kiran Prakash Pote & Ors.

] ..

Applicants

IN THE MATTER BETWEEN

Prakash Nivruti Pote ] ..

Appellant vs.

State of Maharashtra ] ..

Respondent Ms.Prajakta Jagtap i/b P.M. Havnur for the Applicant. Mr.S.R. Agarkar, APP for the State.

CORAM :

BHARATI DANGRE, J DATE :

29th September, 2023.

P.C.

1] The present Interim Application is taken out by the legal heirs of Appellant Prakash Nivrutti Pote, who has filed an Appeal which is admitted by this Court on 02.02.2012, since he expired during the pendency of the Appeal and his legal heirs are desirous of prosecuting the cause of action.

2] The Interim Application is taken out for substituting the Appellant by his legal heirs 1(a) to 1(c). The application is accompanied with the death Certificate of the Appellant Prakash Nivrutti Pote. 1/2

(3)Apeal-1501-2011.doc 3] In the wake of above, since the legal heirs are entitled to prosecute the Appeal, which otherwise would have been abated upon the death of the Appellant, Interim Application is allowed in terms of prayer clause (a).

Necessary amendment shall be carried out within a period of one week from today.

Interim Application stands disposed off with the abovesaid directions.

[BHARATI DANGRE, J] 2/2