Bombay High Court
PUNE MUNICIPAL CORPORATIONversusRAJENDRA MALLIKARJUN SANGAMNEKAR AND ANR.
- Decided
- Disposal
- Disposed Off
Holding
The court held that the death of the sole accused results in abatement of the pending criminal application, leading to disposal of the leave and delay condonation applications.
Summary
The Pune Municipal Corporation filed a criminal application against Rajendra Mallikarjun Sangamnekar and another respondent. During the pendency of the application, the sole accused, Rajendra Mallikarjun, died, as evidenced by a police report and a death certificate dated February 2024. The applicant sought leave and condonation of delay for the proceedings. The court examined the effect of the accused's death on the pending criminal application. Considering that the only accused was deceased and the nature of the offence, the court held that the proceedings could not continue. Consequently, the leave application and the delay condonation application were disposed of as abated.
Issues considered
- Does the death of the sole accused abate pending criminal proceedings?
- Can leave and delay condonation applications be entertained after the accused's death?
Subjects
- criminal procedure
- abated proceedings
- death of accused
- leave application
- delay condonation
Judgment
Digitally
signed by
VINA 901.cri.alp.6.2021.doc
VINA ARVIND
ARVIND KHADPE
KHADPE Date:
2026.08.21
18:13:33
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION (ALP) NO. 6 OF 2021
Pune Municipal Corporation … Applicant
Versus
Rajendra Mallikarjun
Sangamnekar and anr. … Respondents
WITH
INTERIM APPLICATION NO.664 OF 201
IN
CRIMINAL APPLICATION (ALP) NO. 6 OF 2021
Pune Municipal Corporation … Applicant
Versus
Rajendra Mallikarjun
Sangamnekar and anr. … Respondents
***
Mr. Abhijit P. Kulkarni a/w Ms. Sweta Shah & Mr. Abhishek Roy for
Applicant.
Ms. Sharmila Kaushik, APP for Respondent-State.
PSI Amol Omase, Shivaji Nagar Police Station, Pune, present.
***
CORAM : M.M. SATHAYE, J.
DATE : 21 AUGUST, 2026
P.C. :
1. Learned APP has placed on record copy of report from Shivaji
Nagar Police Station, Pune dated 26.06.2026 addressed to the
Assistant Registrar, Criminal Appeal Branch (AS), High Court,
Mumbai informing that as per the information collected from nephew
of Respondent No.1 / original accused, Respondent No.1 has expired
during the pendency of this Application. Copy of death certificate is
Vina Khadpe 1
901.cri.alp.6.2021.doc
also produced showing death in February, 2024. A copy of said report
and its annexures is taken on record and marked ‘X’ collectively for
identification.
2. Considering that the sole accused has expired and also
considering the nature of the offence, Leave Application along with
delay condonation application are disposed of as abated.
(M.M. SATHAYE, J.)
Vina Khadpe 2
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