Vijayabai W/O. Rajendra Garad And ANR v. Surekha Wd/O. Rupsen @ Rupchand Yadav Deshpande

19-WP-893-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 893 OF 2020 Vijayabai Rajendra Garad and Another ..PETITIONERS

VERSUS

Surekha Rupsen @ Rupchand Yadav Deshpande ..RESPONDENT ....

Mr. S.N. Patne, Advocate for petitioners ....

CORAM : R.G. AVACHAT, J.

DATED : 24th JANUARY, 2022 PER COURT :

1.

Heard.

2.

The challenge in this petition is to order dated 30th January, 2020 passed below Exhibit 28 in R.C.C. No. 48 of 2013, whereby the application moved by the respondent - widow of the original complainant to continue with the prosecution on account of death of her husband, has been allowed. 3.

On hearing learned counsel for the petitioners herein, this Court finds no reason even to issue notice in this petition. The trial Court has allowed the widow of the original complainant to pursue the prosecution since the original complainant has passed away. From the recital of the complaint, the widow of the original complainant is also found to be a victim 1 / 2

19-WP-893-20.odt of the alleged offence. The trial Court has, therefore, rightly allowed her to continue with the prosecution initiated by her husband. No fault could be found therewith.

4.

Writ petition, therefore, fails. Same is dismissed. ( R.G. AVACHAT, J. ) SSD 2 / 2