Bombay High Court

PADMABAI PRATAPSINGH CHAUHAN AND ANRversusVASANTRAO PRALHADRAO MULAVEKAR and ANR

Disposal: APPLICATION ALLOWED

Holding

An appeal does not abate on the death of the appellant; the legal heirs may continue the appellate proceedings.

Summary

The original complainant, Pratapsingh, had appealed a trial court judgment acquitting Vasantrao Mulavekar under Section 500 IPC. Pratapsingh died before the appeal was decided. His heirs filed a criminal application seeking to be recognized as his legal representatives and to continue the appeal, while Vasantrao filed a separate application arguing that the appeal should be abated due to the complainant's death. The Court examined Supreme Court precedents holding that an appeal does not automatically abate on the death of the appellant and that heirs may step into the appellant's shoes. It dismissed Vasantrao’s application, condoned the six‑month delay in the heirs’ filing, and allowed the heirs to be placed on record to prosecute the appeal. The applications were consequently disposed of.

Issues considered

The death of the original complainant (appellant) abates the pending criminal appeal.
Whether the legal heirs of a deceased appellant can continue the appeal in his place.
Whether the six‑month delay in filing the application seeking to be recognized as legal heirs can be condoned.

Legislation cited

Indian Penal Code, 1860 — s. 500

Subjects

appeal abatement
death of appellant
legal heirs
criminal appeal
Section 500 IPC
condonation of delay
criminal procedure

Judgment

2026:BHC-AUG:44700


                                                             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.
                                              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.]



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