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Bombay High CourtAPPR/629/2018

Ramniklal Devchand Shah Since Deceased Through Legal Heir Natwarlal Devchand Shah v. The State Of Maharashtra And ANR.

2019-02-22Hon'Ble Mrs. Justice Mridula Bhatkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 628 OF 2018 WITH CRIMINAL APPLICATION NO. 629 OF 2018 IN CRIMINAL REVISION APPLICATION NO. 22 OF 2018 Ramniklal Devchand Shah since deceased through legal heir Natwarlal Devchand Shah ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

----- Ms.Mallika A. Ingale a/w. Mr.Rushit P. Thakkar for the Applicant. Mr. A.R.Patil, APP for Respondent No.1-State. Ms.Roshani S. Bafna, Respondent No.2 present in person. ----- CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 22 FEBRUARY 2019 P.C.:

1.

In this Revision Application, the order of conviction dated 05.02.2015 passed by the learned J.M.F.C., Dahanu in S.C.C. No. 1068 of 2011 is challenged.

CRIMINAL APPLICATION NO. 628 OF 2018 2.

The learned counsel for the applicant submits that this Criminal 1/3

Application is moved for condonation of delay of 22 days in filing the Application for bringing on record the legal heir of the deceased applicant. 3.

Respondent No.2 i.e., party-in-person has no objection to condone the delay.

4.

For the reasons mentioned in the Criminal Application, delay is condoned.

5.

Criminal Application is allowed and accordingly disposed of. CRIMINAL APPLICATION NO. 629 OF 2018 6.

This Criminal Application is moved for bringing on record the legal heir of the deceased applicant.

7.

The learned counsel for the applicant submits that the applicant - Ramniklal Devchand Shah has expired on 20.08.2018 and, therefore, his legal heir wants to come on record to prosecute this Revision Application mainly on the ground of fine.

8.

Respondent No.2 i.e., party-in-person has no objection for the same. 2/3

9.

In view of above, the legal heir of the deceased applicant is to be brought on record. Amendment to that effect to be carried out on or before 28.02.2019.

10.

Criminal Application is allowed and accordingly disposed of. (MRIDULA BHATKAR, J.) 3/3