High Court criminal appeal dismissed as abated on ground that appellant and complainant were deceased. Court terminated proceedings without adjudicating merits.
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apeal625.08.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 625/2008
Smt. Narmada w/o Naresh Shambharkar .vs. State of Maharashtra and Ors.
_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
Mr. B. N. Mohta, Advocate for appellant. Mr. M. K. Pathan, A.P.P. for respondent no.1-State.
CORAM : V.M. DESHPANDE, J. DATED : FEBRUARY 22, 2019
Heard Mr. Mohta, learned counsel for the appellant and Mr. Pathan, learned A.P.P. for respondent no.1.-State.
By the present appeal, appellant is challenging judgment and order of acquittal dated 21.11.2007 passed by learned Chief Judicial Magistrate, Akola, thereby acquitting respondent nos. 2 and 3 of the offence punishable under Section 494 read with Section 34 of the Indian Penal Code.
The appeal was admitted and paper book was already ready.
Mr. Mohta, learned counsel for the appellant submitted that he has filed Pursis Stamp No. 971/2019 along with notice issued by him to appellant by registered post. The said envelope is returned with an endorsement that appellant Smt. Narmada Naresh Shambharkar is dead.
apeal625.08.odt
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As per the submission of learned counsel for the appellant, since the complainant is dead, the present appeal is dismissed as abated.
JUDGE
kahale
Smt. Narmada w/o Naresh Shambharkar
State of Maharashtra
V.M. Deshpande
As recorded by the court registry
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