VITHOBA KACHRUJI KATHOLE Vs. PUSHPA VITHOBA KATHOLE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. As Learned Advocate for the respondent waives service of notice of admission, taken up for hearing immediately. One lady by name Pushpa Kathole instituted a private complaint being Criminal Case No. 148/2002 in the Court of Judicial Magistrate First Class, 2nd Court, Buldhana against the petitioners No. 1 8s 2 under section 494 of the Indian Penal Code and against other petitioners namely petitioner No. 3 onwards to 15 under section 494 read with section 114 of the Indian Penal Code. As many as eight petitioners filed revision challenging the order passed by the learned Judicial Magistrate First Class, 2nd Court, Buldhana in the Sessions Court, at Buldhana. The said Criminal Revision being No. 60/2003 came to be dismissed by judgment and order dated 18th January, 2008. Hence, those petitioners are before this Court so as to challenge the orders passed against them.

(2.) I have heard learned Advocates on both sides. It was brought to the notice of this Court that during the pendency of complaint said Pushpa expired and that is how her legal representative Sau. Renuka was brought on record. This happened in the trial Court. That is how the cause title in the present petition is shown as Pushpa w/o Vithoba Kathole (deceased) through legal representative Sau. Renuka. Learned Advocate for the petitioners contended that if the original complainant has expired during the pendency of the petition, the said complaint has to be dismissed. As against this, the learned Advocate for the respondent submitted that since Pushpa had rendered verification while she was alive Renuka her heir is merely carrying the proceeding further and therefore, the complaint is still alive and can be prosecuted by Renuka.

(3.) I have considered the rival contentions and I am inclined to accept the argument advanced by learned Advocate for the petitioners that upon death of the complainant the said complaint has to be dismissed so far as the petitioners are concerned.