Citation : 2025 Latest Caselaw 311 Chatt
Judgement Date : 2 July, 2025
1
2025:CGHC:29900
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
SHOAIB
SHOAIB ANWAR
ANWAR Date:
2025.07.03
16:02:36
CRA No. 1759 of 2018
+0530
1 - Ashish Chidipal S/o Mahesh Chidipal Aged About 46 Years R/o Sadar
Bazar, Subhash Chowk, Raigarh District Raigarh Chhattisgarh, District :
Raigarh, Chhattisgarh
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Station House Officer, Police
Station Chakradhar Nagar, Raigarh District Raigarh Chhattisgarh, District
: Raigarh, Chhattisgarh
2 - Chhattisgarh State Electricity Distribution Company Maryadit District
Raigarh Chhattisgarh Through Assistant Engineer Chhattisgarh State
Electricity Distribution Company Maryadit District Raigarh Chhattisgarh,
District : Raigarh, Chhattisgarh
--- Respondent(s)
1 - Ashish Chidipal S/o Mahesh Chidipal Aged About 46 Years R/o Sadar
Bazar, Subhash Chowk, Raigarh District Raigarh Chhattisgarh, District :
Raigarh, Chhattisgarh
---Petitioner(s)
Versus
1 - State Of Chhattisgarh Through The Station House Officer, Police
Station City Kotwali, Raigarh District Raigarh Chhattisgarh, District :
Raigarh, Chhattisgarh
2 - Chhattisgarh State Electricity Distribution Company Maryadit District
Raigarh Chhattisgarh Chhattisgarh State Electricity Distribution Company
Maryadit District Raigarh Chhattisgarh Through Assistant Engineer
Chhattisgarh State Electricity Distribution Company Maryadit District
Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh
--- Respondent(s)
(Cause title taken from CIS)
For Petitioner(s) :Shri Rahul Pathak, Advocate. For Respondent/State :Shri U.K.S. Chandel, Dy. Advocate General. For Respondent No. 2 :Ms. Aditi Parekh, Advocate appears on behalf of Shri Raja Sharma, Advocate.
Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 02.07.2025
1. Since, both the appeals filed by the same accused, they are
being decided by this common order.
2. These criminal appeals are preferred against the judgment and
order dated 15.11.2018 passed by the learned Special Judge
(Electricity Act) Raigarh Disrict Raigarh (C.G.) in Special Case
(under electricity Act) No. 611/2009 & 612/2009, whereby the sole
appellant has been convicted and sentenced for the offence
punishable under Section 135 of Electricity Act and sentenced him
to undergo simple imprisonment for 1 year with fine of Rs.
20,22,492/-/- and in default of payment of fine 9 months S.I in (Crl.
Appeal No. 1760/2018) and in (Crl. Appeal No. 1759/2018)
convicted and sentenced for the offence punishable under Section
135 of Electricity Act and sentenced till rising of the Court and fine
of Rs. 99,828/- and in default of payment of fine 9 months S.I.
3. From the ordersheet dated 10.08.2021, it is apparent that the sole
appellant died on 11.05.2021, which has been informed to this
Court by the Special Judge Electricity Act, Raigarh. On the said
date on the request of learned counsel for the appellant four
weeks' time was granted to file an application in respect of the
legal heirs of the deceased appellant. Further two weeks time
was granted for the said purpose by order dated 18.07.2022.
Despite lapse of about 3 years no application has been moved by
the counsel for bringing the legal heirs of the deceased appellant.
4. Today when the matter was called, learned counsel for the
appellant appears and submits that he has no instructions with
regard to legal heirs of the deceased appellant.
5. In view of foregoing, this Court has no other option except to
dismiss both the appeals as abated.
6. Accordingly, both the appeals are dismissed as abated.
Sd/-
(Bibhu Datta Guru) Judge
Shoaib
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