Gajraj Singh And Another vs State Of U.P.
2021 Latest Caselaw 3219 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 

 
Case :- CRIMINAL APPEAL No. - 2239 of 1986
 

 
Appellant :- Gajraj Singh And Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- V.P. Srivastava
 
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 29.07.1986 passed by the VIIth Additional Sessions Judge, Moradabad in Sessions Trial No. 614 of 1984 convicting the appellants under Section 392 IPC and sentencing them to undergo 03 years rigorous imprisonment.

By the order dated 21.08.1986 passed by this Court, the appeal was admitted, notice was directed to be issued. Simultaneously, bail was granted to both the appellants.

Vide order dated 25.02.2020 passed by the Joint Registrar (J) (Crl.) notices were directed to be issued to the appellants to appear before this Court. In compliance of the said order, Chief Judicial Magistrate, Moradabad has submitted a report dated 03/22.09.2020 (Flag-Ka) stating therein that the appellant no.1- Gajraj Singh had died before 30 years ago and the appellant no.2-Hardwari had died before 25 years ago.

To verify the factum of death of both the appellants, the C.J.M. has recorded statements of Vinod Kumar (Sub Inspector) who has investigated the matter and submitted separate reports with respect to death of both the appellants, Smt. Mahar Jahan (Village Pradhan) and witness from village namely Atar Singh, Bhoore Singh and Ram Niwas (Villagers) who have confirmed the death of appellant no. 1-Gajraj Singh and statement of Vikas and Rohit (nephew of appellant no.2) who have confirmed the death of appellant no.2-Hardwari, which have been annexed with the report. Police report of the concerned police station and death certificate issued by the Village Pradhan are also enclosed with the said report.

From the report submitted by the concerned Chief Judicial Magistrate, it is evident that both the appellants 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/