State vs Chand
2023 Latest Caselaw 14276 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- GOVERNMENT APPEAL No. - 238 of 1994
 

 
Appellant :- State
 
Respondent :- Chand
 
Counsel for Appellant :- G.A.
 
Counsel for Respondent :- A. Mateen
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Brij Raj Singh,J.

This appeal has been filed under Section 377 (1) CrPC against the judgment and order dated 15.12.1993 passed by the Additional Chief Judicial Magistrate, (Northern Railway), Lucknow in Crime No.16 of 1983, Criminal Case No.585 of 1984 under Section 3 of.P. P. U.P. Act, PS R.P.F., Post Loco Shop, Lucknow.

The living status report of the sole respondent was called for. In response thereto, the Chief Judicial Magistrate, Lucknow has forwarded the report on 17.4.2023. The report submitted to this Court is stating that the sole respondent has died during pendency of the present criminal appeal. The death of the sole respondent was verified on the basis of the statement of the Sub-Inspector of PS Husainganj, Lucknow, the statement of the local Sabhasad, the statement of Ms. Shabnam, the sister of the sole respondent, as well as the receipt of Kabristran that the sole respondent has died on 13.2.2023.

In view of the report submitted by the Chief Judicial Magistrate, Lucknow, the State appeal has abated and the same is accordingly dismissed as abated.

(Brij Raj Singh,J.) (Attau Rahman Masoodi,J.)

Order Date :- 5.5.2023

Rajneesh JR-PS)