Citation : 2021 Latest Caselaw 6725 ALL
Judgement Date : 28 June, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL APPEAL No. - 1252 of 1986 Appellant :- Parwat Singh Respondent :- State of U.P. Counsel for Appellant :- B.R. Singh Counsel for Respondent :- A.G.A. Hon'ble J.J. Munir,J.
This is an appeal of the year 1986.
In compliance with the OSD's order dated 04.10.2017, a report from the Chief Judicial Magistrate, Mainpuri has been received, placed at Flag 'Ka'. A perusal of the report of the learned Chief Judicial Magistrate, Mainpuri shows that the sole appellant Parwat Singh s/o Jagan Singh, resident of Village Aundhan Mandan, Police Station Dannahar, District Mainpuri has passed away due to disease some 17 years antedating the C.J.M.'s report dated 13.03.2018. The C.J.M. has based his report on the evidence of S.I., Rahul Kumar then posted at Police Station Dannahar, Suresh Singh s/o Jagan Singh, Anil Kumar s/o Shishupal Singh, Aaram Singh s/o Shankarlal, village Pradhan, residents of Aundhan Mandan, Police Station Dannahar, District Mainpuri.
In the opinion of this Court, considering the report of the learned Chief Judicial Magistrate, Mainpuri dated 13.03.2018, it can safely be inferred that the appellant convict Parwat Singh is no more. There is no substitution application moved on behalf of his heirs made with an intention to remove the stigma caused by the judgment of conviction impugned.
In this view of the matter, this appeal abates. It is, accordingly, consigned to record.
The lower court record be sent down at once along with a copy of this order.
Let this order be communicated to the learned Sessions Judge, Mainpuri by the Registrar (Compliance) within a week.
Order Date :- 28.6.2021
Brijesh Maurya
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