Madar Baksh And (2) Ors. vs State Of U.P.
2018 Latest Caselaw 4357 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 

 
Case :- CRIMINAL APPEAL No. - 709 of 2003
 

 
Appellant :- Madar Baksh And (2) Ors.
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Rajendra Kumar Dubey,Ghanshyam Tripathi,Kamlesh Singh
 
Counsel for Respondent :- Govt.Advocate,Rajiv Raman Srivastava
 

 
Hon'ble Mohd. Faiz Alam Khan,J.

List has been revised.

None present for the appellants however learned A.G.A. is present for the State.

Perusal of the record shows that vide order dated 19.12.2017 notices were issued to the appellants. As per the report of CJM concerned notice has been received by appellant No.2 Aminuddin personally while the appellant Madar Baksh has been reported dead.

Perusal of the record further shows that in pursuance of the order of this Court 19.12.2017, the Chief Judicial Magistrate, Sitapur submit a report dated 21.02.2018 to the effect that Sri Madar Baksh s/o Kadir Baksh has died on 14.12.2015. However there is no report of the concerned police station or of the Pradhan of the village or of any local body, wherein the appellant MadarBaksh was residing, nor any death certificate has been enclosed with the report by the CJM concerned, whereby the inference may withdrawn that appellant Madar Baksh is dead. Therefore, the CJM Sitapur has not submitted its report, with regard to the death of Madar Baksh in right perspective.

In this view of the matter, a report be again called from the CJM Sitapur, with regard to the death of Sri Madar Baksh, after obtaining report from concerned police station and concerned Gram Panchayat/Pradhan or if possible enclosing a death certificate of the deceased.

List after four weeks along with the report of the CJM concerned.

Order Date :- 17.12.2018

Praveen