Ashok S/O. Dattaji Kare vs The State Of Maharashtra And ...
2023 Latest Caselaw 4252 Bom

                                                        903-Cri-Appeal-640-2019.odt




           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                       CRIMINAL APPEAL NO.640 OF 2019

                    ASHOK S/O. DATTAJI KARE
                              VERSUS
           THE STATE OF MAHARASHTRA AND OTHERS
                                ....
 Mr. A. R. Muley, Advocate h/f Mr. P. N. Muley, Advocate for
 appellant
 Mr. R. D. Sanap, APP for respondent No.1 - State
 Mr. A. U. Chandol, Advocate for respondent Nos. 2, 3 5 to 11

                                        ....


                               CORAM : SMT VIBHA KANKANWADI AND
                                       Y. G. KHOBRAGADE, JJ.

DATE : 26.04.2023.

PER COURT :-

As per the police report, respondent No.4 is dead.

Copy of the death certificate is annexed to the report. Under such

circumstance, the proceeding is abated against respondent No.4.

2. Since the other accused persons have appeared and in

view of the order in Criminal Application No.1129/2012 at the

Principal Seat by co-ordinate Bench passed on 01.08.2012

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(( 2 )) 903-Cri-Appeal-640-2019

clarifying the position as regards view to be taken in respect of

respondents in an appeal under Section 372 of the Code of Criminal

Procedure (Cr.P.C.), taking undertakings from them, as referred in the

said judgment, would suffice and there is no necessity to take action

under Section 390 of Cr.P.C. Such undertakings be filed by respondent

Nos. 2, 3 and 5 to 11 on or before 16.06.2023. Further the record and

proceedings are received with paper-book and therefore the matter to

be listed as per its turn.

[ Y. G. KHOBRAGADE, J. ] [ SMT. VIBHA KANKANWADI, J. ]

SMS

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