Petition challenging process order dismissed as dead petitioners had no survivors in view of instructions from next of kin to withdraw.
Petition allowed to be withdrawn and dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp-1760-06
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
rpa
CRIMINAL WRIT PETITION NO.1760 OF 2006
Bhagwandas T. Vakani & Anr. .. Petitioners Vs. The State of Maharashtra & Anr. .. Respondents
Mr.Lokesh Zade i/b. M/s. Khandeparkar & Associates, Advocate for the Petitioner.
Mrs.M.R. Tidke, A.P.P. for Respondent – State.
CORAM : ABHAY M. THIPSAY, J.
DATED : NOVEMBER 17, 2014.
P.C. :
The learned counsel for the petitioners – who are the original accused nos.2 and 3 in a complaint filed by the respondent no.2 herein – states that both the petitioners have died during the pendency of the present petition. The petition is for challenging the order issuing process, as passed by the Magistrate against the petitioners.
2 In view of death of the petitioners, nothing survives in the petition, and, for that matter, also in the complaint that has been filed against them.
1/2
wp-1760-06
3 Under these circumstances, on instructions from Neha Bhagwandas Vakhani – daughter of the petitioner no.1 and sister of the petitioner no.2 – who is present in the Court, the petition is allowed to be withdrawn and stands dismissed, as such.
(ABHAY M. THIPSAY, J.)
2/2
Bhagwandas T. Vakani & Anr.
The State of Maharashtra
ABHAY M. THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
