Bombay High Court

THE STATE OF MAHARASHTRAversusBHIVA RATAN MAVACHI DIED THROUGH LRS MANGALBAI BHIVA MAVACHI AND OTHERS

Disposal: DISPOSED OFF

Holding

A later application for the same purpose does not survive once an earlier identical application has been allowed and disposed.

Summary

The State of Maharashtra filed Criminal Appeal No. 305 of 2012 against Bhiva Ratan Mavachi. The respondent's legal representatives had earlier filed Criminal Application No. 3470 of 2024 to be placed on record, which the Court allowed and disposed. Subsequently, the State filed Criminal Application No. 2376 of 2026 seeking the same relief. The Court observed that the earlier application had already been permitted, rendering the later application redundant. Consequently, the Court disposed of Application No. 2376 of 2026. The Court further directed the appellant to amend the criminal appeal within two weeks.

Issues considered

Whether a later criminal application seeking to bring legal representatives on record can proceed when an earlier identical application has already been allowed and disposed.

Subjects

criminal procedure
legal representatives
application dismissal
procedural law
amendment of appeal

Judgment

2026:BHC-AUG:37559


                                                                    916-APEAL-305-2012
                                                  -1-

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               916 CRIMINAL APPEAL NO. 305 OF 2012
                                         IN APPLN/4963/2011


                                       The State Of Maharashtra
                                               VERSUS
                                         Bhiva Ratan Mavachi
                                                     ...
                                                WITH
                             CRIMINAL APPLICATION NO. 2376 OF 2026
                                         IN APEAL/305/2012


                                                     ...
                 Ms. Chaitali Chaudhari-Kutti, APP for Appellant/State.
                 Mr. Tapan K. Sant, Advocate for Respondent.
                                                     ...


                                               CORAM :         ABHAY S. WAGHWASE, J.
                                               DATE        :   20 AUGUST, 2026
                 ORDER :-

                 1.    It appears that Criminal Application No.3470 of 2024 filed by

                 the legal representatives of respondent/accused in Criminal Appeal

                 has been allowed and disposed of.


                 2.    In view of the fact that Criminal Application No.3470 of 2024,

                 for bringing legal representatives on record, has alread been allowed

                 and disposed of, Criminal Application No.2376 of 2026 filed by the
                                                 916-APEAL-305-2012
                                 -2-

State for the same purpose, does not survive. Hence, Criminal

Application No.2376 of 2026 also stands disposed of.


3.    Learned APP to carry out amendment in Criminal Appeal within

a period of two weeks.


                                       [ABHAY S. WAGHWASE, J.]

scm

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