1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2003 OF 2009 Mukesh Sharad Shipurkkar .. Applicant Versus Pankaj Sharma & Ors. .. Respondents Mr.Chetan Akerkar for the applicant. Ms.S.V.Gajare, A.P.P for the State. CORAM : A.S.OKA, J. DATE : 22nd June 2009. P.C.: . Heard advocate for the applicant. He has tendered on record a certified copy of order dated 02 nd June 2006 passed by the learned Magistrate as well as a certified copy of roznama of the complaint. The complainant was the father of the applicant. The complainant died on 25 th September 2001. An application for substitution was filed by the applicant on 16 th April 2003. The learned counsel appearing for the applicant pointed out that the said application is still pending. He has invited my attention to order dated 02 nd May 2006 by which the learned Magistrate directed the applicant to file a succession certificate on record. He pointed out that 2 thereafter the case has been adjourned from time to time but the application for substitution has not been decided. 2. The learned counsel appearing for the applicant invited my attention to the Exhibit E which is the heirship certificate issued by the Tahsildar at Andheri in favour of the applicant, his mother and two married sisters. He stated that the said heirship certificate has been produced on record alongwith the application dated 27 th November 2008. He states that no objection in writing of the other legal heirs of the deceased complainant has been also placed on record of the complaint. In view of this position and in view of the heirship certificate and no objection of the other heirs filed by the applicant, now the learned Magistrate cannot insist on production of succession certificate. Considering the facts of the case, the learned Magistrate will have to decide the application for substitution made by the applicant without insisting upon production of the succession certificate. Order accordingly. Application is disposed of. (A.S.OKA,J)