Dr. S.S. Chourasia And Ors vs The State Of Madhya Pradesh Now C.G
2022 Latest Caselaw 608 Chatt

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                                                                NAFR

         HIGH COURT OF CHHATTISGARH, BILASPUR

             Proceeding Through Video Conferencing

                       CRA No. 3387 of 1999


1.   Dr. S.S. Chourasiya, S/o Shri Gasheeram Chourasiya, Aged
     About 57 Years, Retired superintendent S/o T.B. Senatorium
     Hospital, Sarona, Tahsil and District Raipur (M.P.) now (C.G.).

2.   Shri Suneel Kumar Dey, S/o Shri Naveen Kumar Dey, Aged
     About 56 years, Retired Peon C/o T.B. Senatorium Hospital,
     Sarona, Tahsil and District Raipur (M.P.) now (C.G.).

                                                        ---- Appellants
                               Versus

1.   The State Of Madhya Pradesh, though Special Police, Bhopal.

                                                       ---- Respondent

For Appellant           :   None.
For Respondent/State    :   Mr. Shrestha Gupta, P.L.

Hon'ble Shri Justice Gautam Chourdiya Judgment On Board

03/02/2022

1) This appeal is filed under Section 374(2) of Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 22/11/1999 passed by Special Judge and 5 th Additional Sesions Judge, Raipur, Madhya Pradesh now Chhattisgarh in Special Case No. 7/89; whereby the appellants stand convicted and sentenced as under:-

Conviction Sentence Under Section 5(1)G and One year and one year R.I. 5(2) of Prevention of respectively and fine of Rs. 1,000 Corruption Act and Rs. 1,000/- respectively, in default 02 months and 02 months R.I. respectively.

2) As per office note, bailable warrant against the appellants returned unserved with the report that the appellant Dr. S.S. Chourasiya S/o Shri Gasheeram Chourasiya died long ago and

appellant Shri Suneel Kumar Dey S/o Shri Naveen Kumar Dey died on 16/03/2009.

3) As per statement of Lalit Dey, his father appellant Suneel Kumar Dey, died on 16/03/2009 and appellant Dr. S.S. Chourasiya has also died. Alongwith his statement copy of Aadhar Card of Lalit Dey is also annexed.

4) This apart, as per letter dated 16/11/2021 to SHO, Pandit Deendayal Upadhyay Nagar, Raipur, both the appellants have died.

5) State Counsel does not dispute the fact regarding death of both the appellants.

6) Since both the appellants have died and there is no application on behalf of their legal heirs for prosecuting their appeals till date, the appeal stands abated and is dismissed as such.

-Sd/-

                                               (Gautam Chourdiya)
Chandrakant                                          Judge