Allahabad High Court
Naresh Pal vs State on 31 October, 2022
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 66
Case :- CRIMINAL APPEAL No. - 1744 of 1984
Appellant :- Naresh Pal
Respondent :- State
Counsel for Appellant :- Mohan Chandra
Counsel for Respondent :- A.G.A.
Hon'ble Samit Gopal,J.
Matter taken up in the revised list. No one appears on behalf of the appellant to press this appeal. Sri Sanjay Kumar Singh, learned counsel for the State is present.
The present appeal under Section 374 Cr.P.C has been preferred by the appellant against the judgment and order dated 24.5.1984 passed by VII Additional Sessions Judge, Ghaziabad in S.T. No.8 of 1980.
On 19.12.2018 following order was passed:-
"List has been revised. None is present on behalf of appellant. Learned A.G.A. is present.
Heard learned A.G.A. and perused the record.
Perusal of record reveals that appellant Sri Krishan died during pendency of this appeal and his son Naresh Pal Singh was permitted to continue the appeal filed by his father.
Considering the facts and circumstances of this case, issue notice to Sri Naresh Pal Singh, son of deceased appellant through Chief Judicial Magistrate concerned, to appear personally before the Court on the date fixed and show cause why the appeal should not be abated.
List on 21.01.2019."
In compliance of the said order, a report of C.J.M., Ghaziabad dated 18.2.2019 was received stating therein that notice has been served personally on Naresh Pal, the person who had sought permission to prosecute the appeal as the appellant Sri Krishna had died which was granted order dated 27.2.1992.
Despite service of notice, no one appeared in the matter when it was listed on 16.8.2022 and as such following order was passed:-
"Called in revise. None responds for the appellant heirs. Learned AGA for the State is present.
Issue fresh notice to the appellant's heir to be executed through the CJM concerned within four weeks.
List after two months."
A report of C.J.M. Ghaziabad has been received stating therein that the address of Naresh Pal is incorrect as per the report submitted by the Summon Cell, Judgeship Ghaziabad.
This fact does not impress the Court as previously report dated 18.2.2019 was sent by the C.J.M. Ghaziabad stating therein that as per the report of the Summon Cell, Judgeship Ghaziabad, notice was served personally on Naresh Pal at the same address. His mobile number was also mentioned. Along with the said report, the report of Summon Cell, Ghaziabad was dated 16.2.2019 was also enclosed which contain mobile number of Naresh Pal and also mobile number of his brother and states that notice has been served on him personally.
Since even after service of notice to Naresh Pal in compliance of the order dated 19.12.2018 of this Court as reported by the C.J.M., Ghaziabad vide his report dated 18.2.2019, there is no representation on behalf of Naresh Pal and looking to the fact that Sri Krishna, the appellant has died, the present appeal stands abated.
File consigned to records.
Office to communicate this order to the District and Sessions Judge, concerned within two weeks.
(Samit Gopal, J.)
Order Date :- 31.10.2022
Gaurav
