{1} Cri. Application No.121/1999 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 121 OF 1999 Govinda Shankar Aware APPLICANT VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr.N.V.Gaware, Advocate for the applicant Mr.S.G.Nandedkar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 5 th September 2011 PER COURT: 1. Learned counsel for the applicant informs that respondent No.2 has expired and he also placed on record a photocopy of the death certificate of respondent No.2. The photocopy is taken on record and marked “X” for identification. 2. Heard learned counsel for the applicant followed by learned APP. {2} Cri. Application No.121/1999 3. By the present application, the applicant has questioned the judgment passed in Criminal Revision Application No.328/1997 thereby confirming the judgment and order passed by JMFC, Pachora while framing the charge u/s 420 of the Indian Penal Code against the applicant. 4. The prosecution is based on the private complaint lodged by respondent No.2 before JMFC, Pachora u/s 420 of the Indian Penal Code. The private complaints are to be treated as warrant trials and hence the complainant needs to lead evidence enabling the trial court to frame charge. In this case, it appears that after the evidence was lead by respondent No.2, before framing of the charge and on the basis of the said evidence the trial court was of the opinion that there is sufficient evidence to frame charge against the applicant. The said order was challenged by the applicant before Sessions Judge, Jalgaon, who in Criminal Revision application uphold the order passed by the trial court. However, during the pendency of the present application, respondent No.2-original complainant has expired and hence steps needs to be taken by the trial court. In the premise, the matter {3} Cri. Application No.121/1999 needs to be remanded to the trial court to take necessary steps as required under the law. 5. Consequently, the application stands disposed of. The trial court to take requisite steps as contemplated under the law. The applicant is directed to appear before the trial court on 21.09.2011. Interim relief, granted by this Court to continue. Rule stands discharged. Parties to act on the authenticated copy of this order. [A.V.POTDAR, J.] drp/B11/criapln121-1999