Sri Krishan Agarwal And Another vs State Of U.P.
2021 Latest Caselaw 3220 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 

 
Case :- CRIMINAL APPEAL No. - 46 of 1987
 

 
Appellant :- Sri Krishan Agarwal And Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- V.K. Chaturvedi
 
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 today.

Learned A.G.A. is present on behalf of State.

The instant criminal appeal has been preferred by appellant against judgment and order dated 18.12.1986 passed by Special Judge (Economic Offences) Agra in Criminal Case No.18 of 1984 convicting both the appellants under Section 3/7 Essential Commodities Act, 1955 and sentencing each of them to undergo one year rigorous imprisonment and fine to the tune of Rs.500/- each. In case of default thereof, they were further to undergo three months rigorous imprisonment.

Record reveals that vide order dated 02.01.1987, instant appeal was admitted and notice was ordered to be issued. Simultaneously, appellants were enlarged on bail. Vide order dated 07.07.2020 passed by this Court, notices were issued to appellants, through C.J.M. concerned, to appear before the Court. In pursuance of aforesaid order, the concerned C.J.M. had submitted a detailed report dated 22.09.2020 informing that appellant no.1 Shri Krishan Agarwal is reported to be dead on 25.01.2013 and appellant no.2 is reported to be dead on 19.09.2011.

Record reveals that appellant no.2 Pawan Kumar is son of appellant no.1 Shri Krishan Agarwal. To authenticate the veracity of death of both appellants, C.J.M. had taken statements of Devbrat (Sub Inspector, who had investigated the matter with respect to death of both appellants), Smt. Saroj Agarwal (wife of appellant no.2 and daughter-in-law of appellant no.1), Nishant Garg (son of appellant no.2 and grandson of appellant no.1), which are annexed with the report. Copies of death certificates of appellant no.1 dated 23.02.2013 and appellant no.2 dated 16.09.2011, both issued from the Office of Registrar, Birth/Death, Nagar Nigam, Agra are also annexed with the report.

From the aforesaid report submitted by C.J.M., it is evident that appellants had already died. Therefore, no useful purpose would be served in keeping this appeal pending and the Court has no option but to dismiss the appeal as abated.

Accordingly, appeal is dismissed as abated.

Order Date :- 8.3.2021

Manish Himwan