Suresh Punnulal Jaiswal v. The State Of Maharashtra And ANR

rpa 1/2 35 ia 363 2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.363 OF 2019 IN CRIMINAL APPEAL NO.219 OF 2022 Suresh Punnulal Jaiswal .. Applicant/Appellant

Versus

State of Maharashtra and Anr.

.. Respondents ......

Mr.Abhaykumar Apte, Advocate for the Applicant/Appellant. Mr.Arfan Sait, APP for the Respondent No.1-State. Mr.Avinash A. Kolhe, from Nalasopara Police Station, present. ......

CORAM :

PRAKASH D. NAIK, J.

DATED :

MARCH 07, 2022.

P.C. :

Notice was issued to respondent no.2, vide order dated 25th February, 2022. The notice has been served upon respondent no.2/victim. Learned APP tenders report dated 6th March, 2022. The report is taken on record.

Learned APP submitted that while executing notice upon Digitally signed by RAJESHRI PRAKASH AHER Date:

2022.03.09 15:37:05 +0530 RAJESHRI PRAKASH AHER respondent no.2, it was informed to the concerned police station that the applicant/appellant has expired. Statement of son of the applicant/appellant has been recorded on 5th March, 2022, wherein it was stated that the applicant/appellant has expired on 20th October,

rpa 2/2 35 ia 363 2019.doc 2021. Copy of death certifcate has been submitted with the report along-with statement of applicant's/appellant's son. Both the reports are taken on record.

Hence, I pass the following order:

:: O R D E R ::

(i) Criminal Appeal No.219 of 2022, stands abated; (ii) Interim Application No.363 of 2019, stands disposed of accordingly.

(PRAKASH D. NAIK, J.)