Ramesh Karbhari Misal v. Sahebrao Kashiram Badgujar And ANR

cria1062.10 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1062 OF 2010 (Ramesh Karbhari Misal Vs. Sahebrao Kashiram Badgujar & Anr.) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM :

SMT. SADHANA S.JADHAV,J.

DATED :

24.03.2015 Mr.B.R. Waramaa, Advocate for the applicant.

Mr.Sachin Risbud h/f.

Mr.M.M.

Bhokarikar, Advocate for R-1.

Mr.S.D. Kaldate, APP for respondent/ State.

1.

Learned Counsel for respondent No.1 has placed on record the death certificate of respondent No.1 issued by Dhule Municipal Corporation, which indicates that respondent No.1 has expired on 13.03.2013. The death certificate is taken on record and marked as Article "X" for the purpose of identification. Learned Counsel for the applicant submits that in view of demise of the complainant, the proceedings itself would stand abated as there would be no substantive

cria1062.10 evidence to substantiate the allegations levelled by respondent No.1. In view of this, it is not necessary to either quash the criminal proceedings or stay the said proceedings. The applicant shall take steps in accordance with law and bring this fact to the notice of the Judicial Magistrate, F.C., Amalner, before whom the proceedings are pending.

2.

The Criminal Application is disposed of in above terms.

[SMT. SADHANA S. JADHAV,J.] snk/2015/MAR/cria1062.10