CriApplication -2692-2006+ -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2692 OF 2006 IN CRIMINAL APPEAL NO. 504 OF 2006 Vasant s/o Pralhadrao Mulawekar, Age : 50 years, Occupation : Agriculture, R/o : Nanal Peth, Parbhani, Taluka and District Parbhani. … Applicant [Original Accused] Versus 1. Pratapsingh s/o Hansramsing @ Hansrajsing Chauhan, Age : 90 Years, Occupation : Nil, R/o : Parbhani, Taluka and District Parbhani. … Respondent [Orig Complainant] 2. The State of Maharashtra. WITH CRIMINAL APPLICATION NO. 1918 OF 2007 IN CRIMINAL APPEAL NO. 504 OF 2006 1. Smt. Padmabai w/o Pratapsingh Chauhan Aged : 80 Years, Occupation : Household, R/o Station Road, Parbhani. 2. Brijmohansingh s/o Pratapsingh Chauhan Age : 45 years, Occupation : Doctor, R/o As above. 3. Smt. Tuljadevi w/o Pradipsingh Pardeshi, Age : 42 years, Occupation Household, R/o Bhusawal, Taluka Bhusawal, District Jalgaon. 4. Smt. Girijadevi w/o Dilipsingh Sengar, Age : 40 years, Occupation : Household, R/o Pusad, Taluka Pusad, District Yewatmal. 2026:BHC-AUG:44699 CriApplication -2692-2006+ -2- 5. Sou. Vijayadevi w/o Tuljaramsingh Gaherwar, Age : 52 years, Occupation : Household, R/o Umarga, Taluka Umarga, District Osmanabad. 6. Smt. Sharyudevi w/o Nepalsingh Thakur, Age : 48 years, Occupation : Household, R/o Tofkhana, In front of Chauhan Ara Machine, Station Road, Hingoli. 7. Chandramohansingh Pratapsingh Chauhan, Age : 37 years, Occupation : Business, R/o In front of Zilla Parishad Girls School, Station Road, Parbhani. 8. Sou. Rajkumari w/o Dharmrajsingh Gahlot, Age : 50 years, Occupation : Household, R/o Thangaon, Taluka Sinnar, District Nashik. … Applicants Versus 1. Vasantrao Pralhadrao Mulavekar, Age : 46 Years, Occupation : Agriculture, R/o Nanal Peth, Parbhani. 2. The State of Maharashtra. … Respondents ….. Mr. B. S. Kudale, Advocate for the Applicant in Criminal Application No. 2692 of 2006 and Respondent No.1 in Criminal Application No. 1918 of 2007. Mr. Aniket P. Sonpethkar h/f Mr. P. N. Sonpethkar, Advocate for the Applicants in Criminal Application No. 1918 of 2007 and Respondent No.1 in Criminal Application No. 2692 of 2006. Mr. V. S. Badakh, APP for Respondent No.2-State in both Applications. ..… CriApplication -2692-2006+ -3- CORAM : ABHAY S. WAGHWASE, J. Reserved on : 04.09.2026 Pronounced on : 30.09.2026 ORDER : 1. The applicants in Criminal Application No. 1918 of 2007 claim to be the legal heirs of the appellant/original complainant Pratapsingh, who, during his lifetime, had preferred appeal against the judgment and order dated 21.05.2005 passed by learned Jt. Judicial Magistrate First Class, Parbhani in R.C.C. No. 86 of 2002, thereby acquitting the respondent-original accused Vasantrao from charge under Section 500 of IPC. 2. The appellant/original complainant Pratapsingh is reported to have died on 26.07.2006. Copy of death certificate is annexed to the application. The applicants now intend to step into the shoes of the appellant. Hence, the instant application is filed seeking leave to bring themselves on record as the legal representatives of the appellant and to prosecute the appeal. There is said to be delay of six months in filing the application. 3. Whereas, the original accused Vasantrao has filed Criminal Application No. 2692 of 2006 with a prayer to dispose of the appeal as abated in view of death of the appellant-original complainant. CriApplication -2692-2006+ -4- 4. In view of the judgments of the Hon’ble Apex Court in Ashwin Nanubhai Vyas v. The State of Maharashtra and Another, reported in AIR 1967 SC 983 and Shri Balasaheb K. Thackeray and Another v. Shri Venkat @ Babru s/o Wamanrao [Appeal (Crl.) 236 of 2006 decided on 05.07.2006] appeal does not get automatically abated on demise of the original complainant, and the heirs of deceased complainant are entitled to continue appellate proceedings. Hence, the following order is passed : ORDER I. Criminal Application No. 2692 of 2006 is dismissed. II. Delay in filing Criminal Application No. 1918 of 2007 stands condoned III. Criminal Application No. 1918 of 2007 is allowed. The applicants are permitted to be brought on record and to contest the appeal in the capacity of legal heirs of deceased appellant. Amendment to that effect be carried out within a period of four weeks. IV. Both the applications are accordingly disposed off. [ABHAY S. WAGHWASE, J.] vre