Bombay High Court

NUSRAT JAHAN @ SHAKILA BEGUM W/O. BABUKHANversusRABBANIKHAN LALKHAN PATHAN AND ANR

Disposal: Withdrawn

Holding

The court permitted the withdrawal and disposed of both the criminal revision application and the related criminal application.

Summary

The applicant, Nusrat Jahan, sought to withdraw the criminal revision application after being informed that her husband, the first respondent, had died and she no longer wished to pursue prosecution. The applicant, through Advocate Mr. Md. Rehan, requested the court's permission to withdraw the matter. The bench considered the request and found no impediment to allowing the withdrawal. Consequently, the criminal revision application was disposed of as withdrawn, and the related criminal application was also dismissed as it could not survive the withdrawal. The court entered orders reflecting the disposal of both proceedings.

Issues considered

Whether the applicant may withdraw the criminal revision application and the pending criminal application on the ground of the death of the accused?

Subjects

withdrawal of prosecution
criminal revision
death of accused
disposal of application
high court

Judgment

2026:BHC-AUG:35834


                                                                              431.21appln
                                                   (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                         906 CRIMINAL APPLICATION NO. 431 OF 2021
                                         IN/WITH
                     CRIMINAL REVISION APPLICATION (ST) NO.1196 OF 2021

                       NUSRAT JAHAN @ SHAKILA BEGUM W/O. BABUKHAN
                                         VERSUS
                          RABBANIKHAN LALKHAN PATHAN AND ANR
                                                  …..
                 Mr Md. Rahan, Advocate h/f Mr Shaikh Mujtaba Gulam Mustafa,
                 Advocate for Applicant
                                               …..
                                        CORAM : SUSHIL M. GHODESWAR, J.

                                              DATE : 14th AUGUST, 2026
                 P. C. :

                 1.          Mr Md. Rehan, learned Advocate h/f Mr Shaikh Mujtaba
                 Gulam Mustafa, Advocate for applicant states that he has been
                 instructed that respondent No.1 i.e. husband of the applicant is
                 reported to be dead, and therefore, the applicant is not interested in
                 prosecuting the instant matter further. Upon instructions, he seeks
                 permission to withdraw this matter.

                 2.          In view of above, the criminal revision application is
                 disposed of as withdrawn.

                 3.          In view of disposal of criminal revision application,
                 criminal application does not survive and the same is also disposed of.




                                                       [SUSHIL M. GHODESWAR, J.]

                 sjk

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