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Bombay High Court

ARUN RAOJI BODKHEversusTHE STATE OF MAHARASHTRA

Disposal
ABATED

Holding

The criminal revision application is abated upon the death of the applicant.

Summary

The applicant, Arun Raoji Bodkhe, filed a criminal revision application which remained pending when he died on 04-02-2023. The applicant's counsel submitted a photocopy of the death certificate, which the court marked as evidence. The court considered whether the pending revision could continue after the applicant's death. It held that the death of the applicant abates the pending criminal revision. Consequently, the court disposed of the revision application as abated.

Issues considered

  • What is the effect of the death of a party on a pending criminal revision application?

Subjects

  • criminal revision
  • abatement
  • death of party
  • procedural law

Judgment

2026:BHC-AUG:38615


                                                 *1*                      955rev74o22


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     CRIMINAL REVISION APPLICATION NO. 74 OF 2022
                                    ARUN RAOJI BODKHE
                                           VERSUS
                              THE STATE OF MAHARASHTRA
                                              ...
                Shri Patil Ujwal Subhash, Advocate for the Applicant.
                Shri A.A.A. Khan, APP for the Respondent/ State.
                                              ...


                                      CORAM : SUSHIL M. GHODESWAR, J.

                                      DATE : 25 August 2026


                P. C. :-

                1.           Learned advocate for the applicant fairly states that

                during pendency of the instant revision application, the applicant

                has expired on 04.02.2023. He produced on record the photocopy

                of death certificate, which is taken on record and marked as ‘X’

                for identification.


                2.           The Criminal Revision Application is disposed of as

                being abated.


        kps                                ( SUSHIL M. GHODESWAR, J. )


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