Mohd Iqram vs State Of U.P.
2021 Latest Caselaw 3071 ALL

Citation : 2021 Latest Caselaw 3071 ALL
Judgement Date : 1 March, 2021

Allahabad High Court

Mohd Iqram vs State Of U.P. on 1 March, 2021

Bench: Dinesh Pathak




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 
Case :- CRIMINAL APPEAL No. - 2516 of 1987
 
Appellant :- Mohd Iqram
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Keshav Sahai
 
Counsel for Respondent :- A.G.A.
 

 
Hon'ble Dinesh Pathak,J.

Due to resolution passed by the Bar Association, lawyers are abstaining from judicial work.

Learned A.G.A. is present.

Present criminal appeal has been preferred against the judgment and order dated 12.10.1987 passed by the Special Judge (E.C.Act), Aligarh in Sessions Trial No. 24 of 1986 convicted the appellant under Section3/7 Essential Commodities Act, 1955 and sentenced him to undergo 03 months' rigorous imprisonment with fine to the tune of Rs.500/- and in default thereof, he was further to undergo 01 month rigorous imprisonment.

By the order dated 26.10.1987 passed by this Court, the appeal was admitted, notice was directed to be issued. Simultaneously, bail was granted to the appellant and fine was stayed.

Vide order dated 02.11.2017 passed by this Court, notice was directed to be issued to the appellant to engage another counsel as his earlier counsel had died.

In compliance of the said order, notice was issued to the appellant and in pursuance thereof, Chief Judicial Magistrate, Aligarh has submitted a report dated 01.01.2018 (Flag XX) stating therein that the sole appellant-Mohd. Ikram s/o. Kifayat Khan had been murdered by some miscreants on 06.06.1998 and in respect of which an F.I.R. was lodged being Case Crime No.273 of 1998 under Section 147, 148, 149, 302 & 506 I.P.C.

To verify the factum of death of the appellant, the C.J.M. has recorded statements of Rakesh (Sub Inspector), Akram and Chand Babu (sons of the appellant), which have been annexed with the report. Police report of the concerned police station and death certificate issued by Nagar Palika Prishad, Atraulee, Aligarh are also enclosed with the said report.

From the report submitted by the concerned Chief Judicial Magistrate, it is evident that the appellant had already died. Therefore, no useful purpose would be served to keep the matter pending and the Court has no option but to dismiss the appeal as abated.

Accordingly, the appeal is dismissed as abated.

Order Date :- 1.3.2021/VR/