Pavan Nandkishor Jaiswal vs The State Of Maharashtra And ...
2022 Latest Caselaw 9723 Bom

                                   -1-                    915APPLN492.2022.odt


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD.

         973 CRIMINAL WRIT PETITION NO.888 OF 2021
WITH APPLN/2401/2021 IN WP/888/2021 WITH APPLN/915/2022 IN
                       WP/888/2021

                        PAVAN NANDKISHOR JAISWAL
                                     VERSUS
                  THE STATE OF MAHARASHTRA AND OTHERS
                                        ...
                  Advocate for Petitioners : Mr. Satyajit S. Bora
                   APP for Respondent/State : Mr. A. M. Phule
                                        ...

                                  CORAM : SMT. VIBHA KANKANWADI
                                                  AND
                                          RAJESH S. PATIL, JJ.

                                   DATE    : SEPTEMBER 23, 2022

PER COURT : -

1. In none of the appeals the dependent of the victim Sadashiv Yadoji Jadhav has been made as party - respondent to whom the amount of Rs. 7,500/- (Rupees Seven Thousand and Five Hundred) has been directed to be given under Section 357(1) of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C."). In view of the judgment in the case of Emperor vs. Chunilal Bhagwanji reported in AIR (29) 1942 Bombay 205 (1), which deals with the earlier Section 545 of Cr.P.C. which is now Section 357 Cr.P.C., wherein it has been observed where a person, whether the complainant or someone else, has been awarded compensation under Section 545 Cr.P.C., he ought to be served with notice of an appeal or revision application which may result in the order of compensation being set aside. If he appears, it will be in the discretion of the court to hear his advocate or to decline to do so, but, if he is served with the notice, he can on any date see that his view is sgp

-2- 915APPLN492.2022.odt

placed before the court by the advocate appearing for and even Government.

2. Under such circumstances, when in this case the amount has been directed to be paid as compensation under Section 357(1) of Cr.P.C., the dependents of the victim are necessary parties and, therefore, they be added in each of the appeals. Such amendment be carried out within a period of two weeks. The appellants in each of the appeals to deposit costs of Rs.1,000/- with the High Court Legal Services Sub- committee, Aurangabad, within a period of two (02) weeks.

3. After the amendment is carried out, issue notice to the added respondents making it returnable on 15th November, 2022.

      [ RAJESH S. PATIL ]                [ SMT. VIBHA KANKANWADI ]
            JUDGE                                  JUDGE




sgp