Desh Raj vs State Of U.P.
2022 Latest Caselaw 4943 ALL

Citation : 2022 Latest Caselaw 4943 ALL
Judgement Date : 3 June, 2022

Allahabad High Court

Desh Raj vs State Of U.P. on 3 June, 2022

Bench: Ajai Kumar Srivastava-I




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- CRIMINAL APPEAL No. - 357 of 2016
 

 
Appellant :- Desh Raj
 
Respondent :- State of U.P.
 
Counsel for Appellant :- O.P. Tiwari,Aradhiyta Dubey,Rajiv Mishra,Soniya Mishra,Vishun Narain
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ajai Kumar Srivastava-I,J.

Case called out in the revised list.

No one has appeared on behalf of the appellant.

However, Sri Ashok Kumar Singh, learned Additional Government Advocate for the State is present.

I have gone through the record of this case with the help of learned A.G.A. and have noticed that by the impugned judgment and order dated 11.09.2015 passed by Special Judge (E.C. Act)/Additional Sessions Judge Court No.4, Unnao, in S.T. No.383 of 2013, arising out of Crime No.1856 of 2013, under Sections 498A, 304B I.P.C. and Section 4 D.P. Act, Police Station Kotwali, District Unnao, the sole appellant was convicted and sentenced to undergo for two years' imprisonment with a fine of Rs.5,000/- for the offence under Section 498A I.P.C. and in default of payment of fine, he has further been directed to undergo for four months' additional imprisonment. He has also been convicted and sentenced to undergo for seven years' rigorous imprisonment with a fine of Rs.10,000/- for the offence under Section 304B I.P.C. and Section 4 of D.P. Act and in default of payment of fine, he has further been directed to undergo for six months' additional imprisonment. All the sentences are directed to run concurrently.

A report obtained from the Incharge Chief Judicial Magistrate, Unnao today itself through fax/email, which is on record as Flag-R, reveals that after undergoing the awarded sentence and depositing the fine, the accused-appellant has already been released from jail, therefore, by keeping the present appeal pending, no fruitful purpose would be served as the same has become infructuous.

In view of above, the appeal is dismissed as infructuous.

Office is directed to send a copy of this order to the Court concerned through email/fax immediately for necessary compliance.

Order Date :- 3.6.2022

A.Dewal