Allahabad High Court
Noor Ahmad Khan vs State on 2 March, 2021
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 90
Case :- CRIMINAL APPEAL No. - 1214 of 1988
Appellant :- Noor Ahmad Khan
Respondent :- State
Counsel for Appellant :- S.P.S. Raghava,N.I.Jafri
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 06.05.1988 passed by the Additional Sessions Judge, Bareilly in Special Case No. 03 of 1981 (State vs. Noor Ahmad Khan) convicting the appellant under Section 171 IPC and sentencing him to undergo 01 year rigorous imprisonment and also under Section 5(1) (d) read with Section 5(2) of Prevention of Corruption Act sentenced him to undergo 01 year rigorous imprisonment. Both the sentences were directed to run concurrently.
By the order dated 19.05.1988 passed by this Court, the appeal was admitted, notice was directed to be issued. Simultaneously, bail was granted to the appellant.
On the information given by the learned counsel for the appellant, this Court, vide order dated 09.08.2010, given a direction to the learned Chief Judicial Magistrate, Meerut for submitting a report with regard to living status of the appellant.
In compliance of the said order, learned C.J.M., Meerut has submitted a report dated 18.09.2010 stating therein that the sole appellant-Noor Ahmad Khan s/o. Mohd. Fayad Khan had died on 10.02.2005.
To verify the factum of death of the appellant, the C.J.M. has recorded statements of Gajram Singh (Sub Inspector), Firoz Khan (Son of the appellant) and Imrana Khatoon (Daughter-in-law of the appellant), which have been annexed with the report dated 18.09.2010. Jagmohan (Sabhasad) has also appeared before the C.J.M. As per report, copy of police report and death certificate were filed before the C.J.M.
Record reveals that another communication dated 16.10.2020 was made to the C.J.M., Meerut, in pursuance of earlier order dated 09.08.2010 for submitting a report. In pursuance of the aforesaid letter, C.J.M. has submitted a report dated 19/20.10.2020 verifying the factum of death of the appellant, who died on 10.02.2005 and recorded the statement of Dilshad Ahmad (Sub Inspector), Noor Ahmad Khan and Mohd. Shadan Khan (Grand-son of the appellant). Copy of the statements have been annexed with the said report. Copy of the death certificate issued by the Cantonment Board, Meerut and police report have also been annexed with the report.
In light of both the reports submitted by the concerned Chief Judicial Magistrate, it is evident that the appellant had died on 10.02.2005. 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 :- 2.3.2021
VR/
