Bombay High Court

SHRIKISHAN MADANLAL MANTRIversusTHE STATE OF MAHARASHTRA

Disposal: ABATED

Holding

The appeal is abated and disposed of due to the death of the appellant and lack of prosecution by the legal heirs.

Summary

The appellant in a criminal appeal died on 23 September 2023. The court attempted to contact the appellant's legal heirs to determine if they would continue prosecution, issuing a notice that was returned undelivered. The appellant's counsel submitted the service report of the notice. The court inferred that the heirs were unwilling to prosecute. Consequently, the appeal was deemed abated and disposed of. No substantive merits of the appeal were considered.

Issues considered

Whether a criminal appeal can continue when the appellant is deceased and the legal heirs are unwilling to prosecute.

Subjects

criminal appeal
abated appeal
death of appellant
legal heirs
prosecution

Judgment

2026:BHC-AUG:43160




                                                  -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                  967 CRIMINAL APPEAL NO. 669 OF 2002

                                    SHRIKISHAN MADANLAL MANTRI
                                               VERSUS
                                     THE STATE OF MAHARASHTRA

              Mr.V.B.Patil h/f Mr.Satej S.Jadhav, Advocate for the Appellant.
              Mr.V.M.Lomte, APP for the Respondent/State.

                                     ( CORAM : SUSHIL M. GHODESWAR, J. )

                                       DATE : 23rd SEPTEMBER, 2026

              PER COURT :


              1.             On 23.09.2023, the information was received that the

              Appellant is expired.     Thereafter, this matter was listed for hearing on

              various occasions. The learned Advocate for the Appellant tried many

              times to establish contact with the legal heirs of the Appellant to know

              whether they intend to prosecute this criminal appeal or not, for which

              he issued notice to the legal heirs of the Appellant. However, the notice

              have returned to the sender.



              2.             The learned Advocate for the Appellant has tendered the

              service report of the concerned notice on record. The same is taken on



              khs/Sept.2026/669
                                   -2-

record and marked ‘X’ for identification.



3.             In pursuance to the aforesaid development, it can be

presumed that the legal heirs of the Appellant are not willing to

prosecute the present criminal appeal.



4.             In view of the above, the instant criminal appeal stands

disposed of, as abated against the Appellant.




                                      ( SUSHIL M. GHODESWAR, J.)




khs/Sept.2026/669

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