Bombay High Court

BABUMIYA AHMEDSAB SHAIKH AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The court held that the legal heirs of the informant may be brought on record in the criminal revision application, subject to procedural compliance.

Summary

The petitioners, Babumiya Ahmedsab Shaikh and others, filed a criminal application seeking to bring the legal heirs of respondent No.2 (the informant) on record in a pending criminal revision. The court considered the procedural propriety of allowing the legal heirs to be added to the revision proceedings. The petitioners' counsel, Shri Bhavthankar Vivek Vasantrao, argued for the inclusion, while the State was represented by Shri A.A.A. Khan and the legal heirs' counsel, Shri Sharad S. Shinde, waived service of notice. The bench, after reviewing the application, allowed the request and directed that the legal heirs be brought on record within a week. It also ordered that notice be issued to the legal heirs, returnable on 12.10.2026, which was subsequently waived by their counsel, and the matter was stood over to that date.

Issues considered

What is the appropriate procedure for bringing legal heirs of an informant on record in a criminal revision application?

Subjects

criminal revision
legal heirs
notice
procedural law
recording parties

Judgment

                             *1*                   23revn28o19appln3967


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

        CRIMINAL APPLICATION NO.3968 OF 2026
                         IN
     CRIMINAL REVISION APPLICATION NO. 28 OF 2019
           BABUMIYA AHMEDSAB SHAIKH AND ANR
                         VERSUS
               THE STATE OF MAHARASHTRA

                              ...
Shri Bhavthankar Vivek Vasantrao, Advocate for the Applicants.
Shri A.A.A. Khan, APP for the Respondent/ State.
Shri Sharad S. Shinde, Advocate for the legal heirs of the
deceased respondent No.2.
                              ...


                   CORAM : SUSHIL M. GHODESWAR, J.

                   DATE : 05 October 2026


P. C. :-

1.           This Criminal Application No.3968/2026 is an

application for bringing L.Rs. of respondent No.2/ informant on

record.


2.           For the reasons stated in the application, Criminal

Application No.3968/2026 is allowed. The legal heirs be brought

on record of the revision application, within one week from

today.
                                     *2*                  23revn28o19appln3967


      3.           In Criminal Revision Application, issue notice to the

      legal heirs of respondent No.2/ informant, returnable on

      12.10.2026. The learned advocate Shri Shinde waives service of

      notice on behalf of the legal heirs.


      4.           Stand over to 12.10.2026.




kps                             ( SUSHIL M. GHODESWAR, J. )

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