Mitthan vs State Of U.P.
2023 Latest Caselaw 24729 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:177465
 
Court No. - 69
 
Case :- CRIMINAL APPEAL DEFECTIVE No. - 436 of 2006
 
Appellant :- Mitthan
 
Respondent :- State of U.P.
 
Counsel for Appellant :- V.K. Shukla
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Samit Gopal,J.

1. Matter taken up in the revised list. No one appears on behalf of the appellant to press this appeal. Learned counsel for the State is present.

2. The present appeal has been preferred by the appellant against the judgment and order dated 19.8.2006 passed by Addl. Sessions Judge Court No.5, Pilibhit in Criminal Misc. Case No.2 of 2005 (State Vs. Karan Singh and others).

3. The present appeal is reported to be defective as is beyond time by 27 days. The delay condonation application along with an affidavit has been filed for condoning the delay.

4. As per the office report dated 18.8.2023, a report of C.J.M., Shahjahanpur dated 1.7.2023 has been received stating therein that the sole appellant Mitthan has died approximately five years ago. The said report has been sent after due inquiry.

5. This Court has perused the said report which states that the accused-appellant has died. Since the sole appellant has died, no purpose would be served in considering the delay condonation application.

6. In view of the above, the appeal stands abated.

7. The trial court records, if received, be sent back along with the communication of this order. Office to communicate this order to the District and Sessions Judge, concerned within two weeks from today.

(Samit Gopal, J.)

Order Date :- 13.9.2023

Gaurav Kuls