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Bombay High CourtAPPLN/4188/2022application allowed

Shabina Bi W/O. Feroz Khan v. The State Of Maharashtra And Another

2022-12-15Hon'Ble Shri Justice Kishore C. Sant2 pages

CRAN 4188.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CRIMINAL APPLICATION NO.4188 OF 2022 IN WP no.1513 of 2021 SHABINA BI W/O. FEROZ KHAN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

WITH WP no.1513 OF 2021 ...

Advocate for Applicant : Mr. Suryawanshi Sanket N. APP for Respondent 1: Mr. P N Kutti Advocate for Respondent 2 : Mr. D.S Ingole h/f N S Ghanekar in WP ...

CORAM : KISHORE C. SANT, J.

Dated: December 15, 2022 ...

PER COURT :- 1.

This is an application by the wife of the original petitioner Firoz Khan, who unfortunately expired during pendency of the petition. Present applicant, being legal heir of deceased Petitioner wants to prosecute the petition.

2.

Heard learned Advocate for the applicant. He submits that main proceeding is fled seeking return of the vehicle that is confscated by the prosecution. After death of husband of the applicant, she has inherited all aaa/-

CRAN 4188.22.odt the properties and, therefore, she has equal interest in the property and, therefore, she wants to prosecute the said petition.

3.

Heard learned counsel for the respondent no.2 and the learned APP for the State.

4.

Looking to the nature of the criminal application, criminal application is allowed. The applicant to carry out the necessary amendment in the title clause of the Writ Petition No.1513 of 2021. Criminal application is disposed off.

5.

List the Criminal Writ Petition No.1513 of 2021 on 5.1.2023.

( KISHORE C. SANT, J. ) ...

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