Imtiyaz Ahmad vs State Of U.P. And 2 Others
2022 Latest Caselaw 5930 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 
Case :- CRIMINAL REVISION No. - 156 of 2019
 
Revisionist :- Imtiyaz Ahmad
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Revisionist :- Niyaj Ahmad
 
Counsel for Opposite Party :- Govt. Advocate,Mayank Pandey
 

 
Hon'ble Ajai Kumar Srivastava-I,J.

Heard Shri Niyaz Ahmad, learned counsel for the revisionist, Shri Mayank Pandey, learned counsel appearing for the opposite party nos.2 and 3, learned A.G.A. for the State-respondent and perused the record.

At the outset, Shri Niyaz Ahmad, learned counsel for the revisionist has very fairly informed that the instant criminal revision was filed by the revisionist against the judgment and order dated 03.01.2019 passed in Criminal Case No.79 of 2016 whereby learned Principal Judge, Family Court, Ambedkar Nagar, has rejected the application, under Section 5 of Limitation Act filed in support of the application under Section 126 (2) Cr.P.C. and also rejected the application filed under Section 126 (2) Cr.P.C. on the ground of delay.

Learned counsel for the revisionist further submits that the revisionist has died.

The fact of death of the revisionist has not been disputed by learned counsel for the opposite parties.

Learned counsel for the revisionist also submitted that no fruitful purpose would be achieved by keeping in this instant revision pending because of death of the revisionist who was husband of the opposite party no.2, therefore, he prays that the instant criminal revision should be disposed of as having become infructuous due to death of revisionist.

Having heard learned counsel for the parties and and keeping in view the fact that the revisionist has died, the instant criminal revision is liable to be disposed of as having become infructuous and thus stands abated.

However, attention of this Court has been drawn to the fact that vide order dated 05.02.2019 passed by this Court, an amount of Rs.50,000/- was directed to be deposited by the revisionist which came to be deposited before the Senior Registrar of this Court, a receipt of which is available on record, vide DD No.168120.

Learned counsel for the opposite parties prays to release the amount of Rs.50,000/- deposited by the revisionist before the Senior Registrar of this Court, in favour of the opposite party no.2, to which, learned counsel for the revisionist has no objection.

Accordingly, the instant criminal revision is disposed of having become infructuous as abated.

It is also directed that the amount of Rs.50,000/- deposited by the revisionist before the Senior Registrar of this Court, vide DD No.168120, shall be released in favour of opposite party no.2, wife of the revisionist, in accordance with rules.

(Ajai Kuamr Srivastava-I,J.)

Order Date :- 5.7.2022/Mahesh