Bombay High Court

SHRIKANT MADHUKAR SAKHAREversusTHE STATE OF MAHARASHTRA

Disposal: Disposed Off

Holding

A criminal revision application is abated and disposed of when the applicant dies.

Summary

Shrikant Madhukar Sakhare filed a criminal revision application (No. 85 of 2018) before the Bombay High Court, Kolhapur Bench. The applicant died on 8 May 2021 while the proceedings were pending. The Court examined whether the revision could continue in the absence of the applicant. Relying on established procedural law that a proceeding is abated upon the death of the party who instituted it, the Court held that the application could not proceed. Consequently, the revision application was declared abated and disposed of, and the related criminal application was also disposed of.

Issues considered

Whether a criminal revision application can continue when the applicant has died?

Subjects

criminal revision
abatement
death of applicant
procedural law
high court

Judgment

                                                           30-REVN-85-18.docx


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                CRIMINAL APPELLATE JURISDICTION
         CRIMINAL REVISION APPLICATION NO. 85 OF 2018
                                WITH
              CRIMINAL APPLICATION NO. 128 OF 2018
                                  IN
         CRIMINAL REVISION APPLICATION NO. 85 OF 2018
Shrikant Madhukar Sakhare                          ...Applicant
             VERSUS
The State of Maharashtra                           ...Respondent
                            ——————
None for the applicant.
Mr. Avinash Naik, APP for the respondent – State.
                            ——————

                                    Coram :       RAJESH S. PATIL, J.

                                    Date      :   SEPTEMBER 4, 2026.

P. C. :

1.        The Revision Application is abated as the Applicant—Shrikant

Madhukar Sakhare has died on 8 May 2021.

2.        The Criminal Revision Application stands disposed of as abated.

3.        In Sequel, Criminal Application stands disposed of.




                                                       (RAJESH S. PATIL, J.)




Rushi                                1 of 1

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