Dipchand S/O Pandhari Hiwale v. The State Of Mah. Thr. P.S.O., P.S. Malkapur (Rural) And 6 Oths

2104 APPA 310 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.310/2022 IN CRIMINAL APPEAL NO.426/2010 Deepchand s/o Pandhari Hiwale ...Versus...

State of Maharashtra, Through P.S.O., Police Station Malkapur (Rural) Tahsil Malkapur, District Buldhana and others Applicant : Shrikrishna Deepchand Hiwale - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri A.S. Manohar, Advocate for applicant Ms T.H. Udeshi, APP for respondent no.1 CORAM : AVINASH G. GHAROTE, J.

DATE : 21/04/2022 1.

The appellant/original victim Deepchand, has passed away on 10/02/2022. The appeal challenges the acquittal of the respondents/accused under Sections 395 and 397 of IPC. By this application, the legal representative of the original appellant is sought to be brought on record, who wishes to prosecute the appeal filed by the original appellant. 2.

Ms Udeshi, learned Additional Public Prosecutor has no objection for the same, considering which, the criminal

2104 APPA 310 of 2022.odt application is allowed and disposed of. The memo of appeal be accordingly amended within a week from today. 3.

Since Shri Manohar is already appearing for the applicant, he undertakes to file his Vakalatnama for the appellant in the main appeal also.

4.

The order dated 17/02/2020 records that the respondent no.2 in Criminal Appeal No.426/2010, namely, Dayaram Pandhari Hiwale, who is the respondent no.1 in Criminal Appeal No.90/2010, has passed away in 2010 itself, considering which, his name would be required to be deleted from the memo of appeals in both the appeals, as the appeals stand abated on account of his demise, insofar as Dayaram Pandhari Hiwale is concerned.

5.

The appropriate deletion be carried out within a week from today.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR