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Bombay High CourtIA/4768/2024disposed off

Yeshwant Vasudeo Natu Since Deceased Through Legal Heirs Sulabha Yeshwant Natu And ANR v. Sadhana Jaywant Vartak And ORS

2024-12-02Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

(5)ia-4771-2024.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1006 of 2012 ALONGWITIH INTERIM APPLICATION NO.4771 OF 2024 ALONGWITH INTERIM APPLICATION NO.4768 OF 2024 IN CRIMINAL APPEAL NO.1006 OF 2012 Yeshwant Vasudeo Natu ] ..

Appellant vs.

Sadhana Jaywant Vartak & Ors.

] ..

Respondents Mr.Pratik Deshmukh i/b Ashwin Kapadnis for the Applicant in IA No.4768/2024.

Mr.Prasad Kamthe for the Applicant in IA No.4771/2024. Mr.D.J. Haldankar, APP for the State in IA No.4771/2024. Ms.Sharmila Kaushik, APP for the State in IA No.4768/2024. CORAM :

BHARATI DANGRE & MANJUSHA DESHPANDE, JJ DATE :

2nd DECEMBER, 2024.

P.C.

1.

Interim Application No.4768/2024 seek condonation of delay of 142 days in bringing on record the legal representatives of the Appellant Yeshwant Vasudeo Natu, who is informed to have died on 06/05/2024. The Application is accompanied with his death certificate. by RAJSHREE KISHOR MORE Date:

2024.12.02 14:57:05 +0530 RAJSHREE KISHOR MORE 1/2

(5)ia-4771-2024.doc 2.

Heard the learned counsel for the Applicant and perused the Application.

The Appeal was filed by Yeshwant Vasudeo Natu being aggrieved by the Judgment of acquittal passed by the Sessions Judge at Pune on 21/10/2011 acquitting all the accused persons of the charge under Section 143, 147, 149, 451, 395, 427, 336, 504, 506, 386, 109 read with 34 read with 120B of the Indian Penal Code. Since we are of the opinion that the cause of action survives in the legal heirs to assail the acquittal, we permit the Appellant to be represented through his legal heirs as indicated in the Application. 3.

In the wake of above, Interim Application No.4768/2024 is made absolute in terms of prayer clause (a) and (b). Necessary amendment is permitted to be carried out within a period of one week from today. The Appellants are at liberty to mention the Appeal for taking it up for final hearing by fixing a date, after Christmas Vacation. (MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) 2/2