Ghanshyam vs State Of Chhattisgarh
2022 Latest Caselaw 5798 Chatt

                                                  1


                                                                                       NAFR
                            HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Criminal Revision No. 424 of 2011
              Ghanshyam S/o Kunwar Singh Thakur Aged about 28 years R/o- Village-
               Malpuri P.S. Palari, District Raipur (C.G.)
                                                                                 ---- Applicant
                                                Versus
              State of Chhattisgarh, Through P.S.- Palari, District Raipur (C.G.)
                                                                             ---- Respondent

For Applicant : Shri Vivek Kumar Shrivastava, Advocate For Respondent/State : Shri Sudhir Sahu, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 15.09.2022

1. Heard on I.A. No. 02/2022. application for taking documents on record by which counsel for respondent has filed a death certificate of the applicant who has expired on 05.06.2016.

2. On due consideration, the application is allowed and the document is taken on record.

3. This criminal revision is filed under Section 397 read with Section 401 of Cr.P.C. against the judgment dated 28.07.2011 passed by the Second Additional Sessions Judge, Baloda Bazar, District Raipur (C.G.) in Cr.A. No. 10/2011, affirming the judgment of conviction and order of sentence dated 31.12.2009 recorded by the learned Judicial Magistrate, Second Class, Baloda Bazzar in Criminal Case. No. 32/2009 whereby the applicant has been convicted for commission of offence punishable under Section 354 of IPC and sentenced to undergo R.I. for six months & fine of Rs.500/-, in default of payment of fine to undergo R.I. for 15 days.

4. Learned counsel for the applicant submits that the legal representative of the applicant/deceased is not interested to prosecute this criminal revision on merits.

5. Considering the fact that the applicant died on 05.06.2016, the fact regarding pendency of the present criminal revision was well within the knowledge of family members of the applicant and despite that no application was moved on behalf of the legal heirs of the applicant to prosecute this criminal revision, the present criminal revision stands abated and is disposed of as such.

Sd/-

(Rakesh Mohan Pandey) Judge vatti