Hari Lal vs State Of U.P.
2021 Latest Caselaw 3218 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 
Case :- CRIMINAL APPEAL No. - 776 of 1986
 
Appellant :- Hari Lal
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Rahul Sripat
 
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 24/26.02.1986 passed by the Special Judge, Azamgarh in Criminal Case No. 05 of 1985 convicting the appellant under Section 3/7 Essential Commodies Act and sentencing him to undergo 03 months rigorous imprisonment.

By the order dated 06.03.1986 passed by this Court, the appeal was admitted, notice was directed to be issued. Simultaneously, bail was granted to the appellant.

Vide order dated 07.12.2017 passed by the O.S.D.(Litigation), notice was directed to be issued to the appellant.

In compliance of the said order, Chief Judicial Magistrate, Azamgarh has submitted a report dated 31.08.2018 stating therein that the sole appellant-Harilal had died on 01.03.2007.

To verify the factum of death of the appellant-Harilal, the C.J.M. has recorded statements of Rajendra Prasad Yadav (Sub Inspector), Ashok (Village Pradhan), Vinod Kumar Jaiswal (Nephew of the appellant) and Angad Jaiswal (Son of the appellant), which have been annexed with the report. Police report of the concerned police station and death certificate issued by Village Pradhan, are also enclosed with the said report.

From the report submitted by the concerned Chief Judicial Magistrate, it is evident that the sole 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 :- 8.3.2021/VR/