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Bombay High CourtAPEAL/212/2007disposed off

Nirmalabai Vinayak Mirkale v. Rajkumar Ramrao Patil

2017-08-10Hon'Ble Shri Justice Sangitrao S. Patil2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 212 OF 2007 Smt. Nirmalabai Vinayak Mirkale ..APPELLANT

VERSUS

Rajkumar Ramrao Patil ..RESPONDENT ---- Mr. P.K. Ippar, Advocate h/f Mr. S.J. Salunke, Advocate for appellant Ms. Supriya L. Pansambal, Advocate for respondent ---- CORAM : SANGITRAO S. PATIL, J.

DATE : AUGUST 10, 2017 PER COURT :- The learned A.P.P. submitted the report filed by the Police Inspector, Police Station Latur (Rural), in respect of the service of notice that was sent to the respondent. It is reported that the respondent expired on 24th June, 2015. His death certificate is produced alongwith the report. Since the respondent is reported dead, the appeal would stand abated against him.

2.

The P.S.O. concerned is present before the Court in compliance with the order dated 04th August,

917_APEAL21207 2017 passed by this Court. He reported that the report in respect of the service of warrant against the respondent was submitted before the learned Judicial Magistrate First Class (Court No.2), Latur on 03rd August, 2017. It seems that the report did not reach this Court on 04th August, 2017 from the learned Magistrate. In the circumstances, the explanation given by the P.S.O. is accepted. His presence is dispensed with.

3.

The Criminal Appeal is disposed of since abated.

[SANGITRAO S. PATIL] JUDGE SSD