This court disposed of criminal appeal 96 of 1994, wherein the appellant had expired. Relying on a police report and the judge's forwarding report confirming abatement, the appeal was held to have abated.
The appeal is disposed of as having abated.
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appeal-96-94(903)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 96 OF 1994
Jeevan Saisiniprasad Kutturi ..Appellant Vs. The State of Maharashtra ..Respondent
Mr. Kartik Garg – Amicus Curaie for the Appellant Ms Sharmila S. Kaushik APP for the Respondent-State
CORAM :R. M. SAVANT, & SMT. SADHANA S JADHAV JJ DATE : 27th JULY, 2017
P.C.
1 The Senior Inspector of Police Nehru Nagar police station Mumbai has submitted a report dated 23-7-2015 to the Sessions Court Mumbai. The said report was in the context of the unexecuted non bailable warrant against the Appellant i.e. the Accused No.1. It is stated in the said report that on making a phone call to the grandson of the Accused No.1 on Mobile No.900588457. The police was informed by the grandson that his grandfather Jeevan Saisiniprasad Kutturi has expired two years back. It is further stated in the said report that the death certificate of the accused would be placed before the court.
2 The Learned Judge of the City Civil and Sessions Court, Greater Mumbai vide his report dated 27-7-2015 has forwarded the said report dated 23-7-2015 of the Senior Inspector of police Nehru Nagar police station to this
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appeal-96-94(903)
Court. In view thereof, the above Appeal stand abated qua the Appellant. We are informed that the other Accused have also expired and the order of abatement has already been passed earlier. The above Appeal is accordingly disposed of as having abated.
[SMT SADHANA S. JADHAV, J]
[R.M.SAVANT, J]
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Jeevan Saisiniprasad Kutturi
The State of Maharashtra
R. M. Savant
Sadhana S. Jadhav
As recorded by the court registry
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