Bombay High Court

MAH. STATE ELECT. DISTRIBUTION CO. LTD.versusSANTOSH KUMAR NATHMAL TOSHNIWAL AND ANR.

Disposal: DISPOSED OFF

Holding

The revision is dismissed as infructuous because the accused is deceased and the death certificate has been placed on record.

Summary

The applicant, Mah. State Elect. Distribution Co. Ltd., filed a criminal revision challenging the acquittal of the respondents under Sections 39 and 44 of the Indian Electricity Act, 1910. The revision was listed twice but no counsel appeared for the applicant. During the pendency of the revision, the accused respondent died, and the court directed the State Advocate to produce the death certificate. The State Advocate later confirmed that the death certificate had already been placed on record. Since the accused was deceased and the death certificate was on file, the court found that there was nothing left to adjudicate. Consequently, the revision application was disposed of as infructuous.

Issues considered

Whether a criminal revision can proceed when the accused has died and a death certificate is on record

Legislation cited

Indian Electricity Act, 1910 — s. 39, 44

Subjects

Criminal Revision
Acquittal
Death Certificate
Indian Electricity Act
Section 39
Section 44
Infructuous

Judgment

2026:BHC-AUG:40384


                                                *1*                      905revn28o06


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     CRIMINAL REVISION APPLICATION NO. 28 OF 2006
                       MAH. STATE ELECT. DISTRIBUTION CO. LTD.
                                           VERSUS
                  SANTOSH KUMAR NATHMAL TOSHNIWAL AND ANR.
                                                ...
                Shri Joshi Sunil S., Advocate for the Applicant through VC.
                Shri M.A. Aher, APP for the Respondents/ State.
                                                ...

                                   CORAM : SUSHIL M. GHODESWAR, J.

                                   DATE : 03 September 2026

                P. C. :-

                1.            This matter was listed on two occasions, however,

                none had appeared on behalf of the applicant.


                2.            The applicant is challenging the acquittal of the

                respondent, who was prosecuted for the offences punishable

                under Sections 39 and 44 of the Indian Electricity Act, 1910.


                3.            It was informed that during the pendency of the

                instant revision, the respondent/ accused has expired. Therefore,

                this Court had directed the learned APP to procure the death

                certificate of the respondent/ accused and place the same before

                this Court.
                                       *2*                        905revn28o06


      4.           Since nobody appeared on behalf of the applicant on

      last two occasions, therefore, it was not pointed out that the death

      certificate of the respondent/ accused was already placed on

      record.


      5.           Today, the learned APP, after verifying the record,

      points out that the death certificate is already placed on record.


      6.           In view of the above, nothing survives in the

      revision application. Hence, the Criminal Revision Application

      stands disposed of as infructuous.




kps                             ( SUSHIL M. GHODESWAR, J. )

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