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Bombay High CourtAPEAL/60/2013appeal abated

The State Of Maharashtra v. Shahaji Nathaji Makasare

2022-06-30Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CRIMINAL APPLICATION NO.1417 OF 2022 IN APPEAL/60/2013 SHAHAJI NATHAJI MAKASARE SINCE DECEASED THROUGH HIS L.R.S

1) KUSUM W/O SHAHAJI MAKASARE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Ms. Yugandhara Namde h/f Mr. Deshmukh Devang R.

APP for Respondent-State : Mr. S. P. Deshmukh ...

WITH APPEAL/60/2013 THE STATE OF MAHARASHTRA

VERSUS

SHAHAJI NATHAJI MAKASARE ...

APP for Appellant : Mr. S. P. Deshmukh Advocate for Respondent : Ms. Yugandhara Namde h/f Mr. Deshmukh Devang R.

...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 30-06-2022 ORDER :

1.

Vide Criminal Application No.1417 of 2022 the applicants who are the widow and sons of original respondent Shahaji Nathaji Makasare have disclosed that Shahaji expired on 29-04-2021, and therefore, they submit that the appeal be treated as abated in view of his death and the appeal be disposed of.

CriAppln 1417-2022 2.

In view of the said application, learned APP was directed to verify since it was the appeal of the State.

3.

Learned APP now submits that in spite of his two communications to the Police Inspector, Tophkhana Police Station, Ahmednagar, the concerned officer has not responded to him. 4.

As a precaution in fact the learned APP was directed to verify the situation otherwise the photocopy of death certificate issued by Municipal Corporation, Ahmednagar, has been produced by the applicants.

5.

In view of the fact that has been brought on record that the original respondent expired, the appeal stands disposed of as abated.

6.

The application stands allowed and disposed of accordingly. (SMT. VIBHA KANKANWADI) JUDGE vjg/-.