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Bombay High CourtAPPLN/3272/2022application allowed

Chandrakalabai Wd/O. Dilip Kale And Another v. The State Of Maharashtra And Others

2022-09-28Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Rajesh S. Patil1 pages

935-wp-184-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CRIMINAL WRIT PETITION NO.184 OF 2021 WITH APPLN/3272/2022 IN WP/184/2021 CHANDRAKALABAI WD/O. DILIP KALE AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Gaikwad Satish A. APP for Respondent No.1 - State : Mr. A. M. Phule ...

CORAM : SMT. VIBHA KANKANWADI AND RAJESH S. PATIL, JJ.

DATE : 28th September, 2022.

ORDER :- .

Learned Advocate for the petitioners submits that petitioner No.1 expired on 20.11.2021. The original matter is filed under Article 226 and 227 of the Constitution of India directing the respondents to pay compensation on account of gross negligence of the jail authorities in providing proper medical treatment to the under trial prisoner - Dilip Kale, who ultimately expired in jail. Petitioner No.1 was his widow and she is survived by three children. Under the said circumstance, for the cause/prayer they have made, they are necessary parties and, therefore, they be brought on record as petitioners.

2.

The Criminal Application No.3272 of 2022, which is filed for getting the legal heirs of petitioner No.1 on record, stands allowed and disposed. Amendment be carried out within a period of one week.

[RAJESH S. PATIL] [SMT. VIBHA KANKANWADI] JUDGE JUDGE scm (1)