Onkar Nath Srivastava vs State Thru Cbi
2021 Latest Caselaw 434 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- CRIMINAL APPEAL No. - 624 of 2007
 

 
Appellant :- Onkar Nath Srivastava
 
Respondent :- State Thru Cbi
 
Counsel for Appellant :- Vishnu Srivastava,Dileep Pandey,G. Hyder
 
Counsel for Respondent :- Bireshwar Nath
 
Hon'ble Mrs. Saroj Yadav,J. 

1. None appears for the appellant.

2. Heard learned Additional Government Advocate and perused the record.

2. This appeal has been filed by the accused-appellant Onkar Nath Srivastava against the judgment and order dated 24.2.2007 passed by Shri H.N.P. Agarwal, Special Judge, Prevention of Corruption (West), Lucknow in R.C.No.19-A/95 arising out of Criminal Case No.16/99 under Sections 120-B, 420, 467, 468, 471 I.P.C and under Section 13(2) read with Section 13(1) (D) of Prevention of Corruption Act, 1988, District Gonda convicting and sentencing the appellant under Section 120-B I.P.C. to undergo rigorous imprisonment of two years, under Section 420 I.P.C. to undergo five years' rigorous imprisonment and fine of Rs.1000/-, under Section 468 I.P.C. to undergo seven years' rigorous imprisonment and fine of Rs.1000/-, under Section 458 I.P.C., to undergo five years' rigorous imprisonment and fine of Rs.1000/-, and under Section 471 I.P.C., to undergo five years' rigorous imprisonment and fine of Rs.1000/-. In default of payment of fine, to further undergo six months' under Section 420 I.P.C., to further undergo imprisonment of six months under Section 468 I.P.C., to further undergo six months' imprisonment under Section 471 I.P.C.

3. The report of the learned Chief Judicial Magistrate, Gonda dated 7.7.2020 is on record according to which the appellant- accused Onkar Nath Srivastava son of Uma Prasad, resident of Gram Veerpur Pipri, Police Station Katra Bazaar, District Gonda has died in the year 2013.

Alongwith report, statement dated 7.7.2020 recorded by Shri Satya Narayan Yadav, Sub Inspector, Police Station Katra Bazaar, District Gonda has been enclosed.

4. Learned Additional Government Advocate has raised no objection against this report.

5. On the basis of the report submitted by the learned Chief Judicial Magistrate, Gonda as referred above, this appeal stands abated under Section 394 of the Code of Criminal Procedure and accordingly abated.

6. Let the copy of this order be sent to the concerned trial court and original record, if summoned and received, also be sent back to the concerned trial court.

7. Record of this court be consigned to the record room.

Order Date :- 8.1.2021

Shukla