Charku @ Md. Rashid Khan @ Md. ... vs The State Of Jharkhand
2022 Latest Caselaw 2837 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     (Criminal Revisional Jurisdiction)
                   Criminal Revision No. 312 of 2015

Charku @ Md. Rashid Khan @ Md. Rashid, s/o Sri Adam Safi, r/o
Village-Kamlapur, PO-Kamlapur, PS-Kasmar, District-Bokaro.
                                                ... Petitioner
                                    Versus
The State of Jharkhand                                     ... Opposite Party

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

For the Petitioner                : Mr. Rajesh Kr. Mahtha, Advocate
For the State                     : Mr. Sanjay Kumar Srivastava, APP
                                  ---------

Order No.06/Dated: 22nd July 2022

The petitioner has challenged the judgment dated 25 th February 2015 passed in Criminal Appeal No. 49 of 1992.

2. The aforesaid criminal appeal was directed against the judgment of conviction and order of sentence passed under sections 304-A and 279 of the Indian Penal Code.

3. By an order dated 19th May 2015, I.A No. 2341 of 2015 filed by the petitioner seeking exemption from surrendering was allowed.

4. Thereafter this criminal revision petition remained pending on Board for about 7 years and it was only on 10 th June 2022 when this criminal revision petition was listed by the Registry in chronology.

5. On that date Mr. Rajesh Kr. Mahtha, the learned counsel for the petitioner made the following statement in the Court:

"Mr. R.K. Mahtha, the learned counsel for the petitioner seeks adjournment on the ground that he has received some information that during pendency of this criminal revision petition the petitioner has passed away.

Mr. S.K. Srivastava, the learned APP appearing for the State shall verify whether the petitioner is alive.

Post this matter on 22nd July 2022.

Let a copy of the order be communicated to the officer- in-charge of Petarwar PS through Mr. S.K. Srivastava, the learned APP."

6. Mr. Sanjay Kumar Srivastava, the learned APP states that an affidavit dated 14th July 2022 has been filed by 2 Criminal Revision No. 312 of 2015

Sub-Inspector of Police, Peterwar stating that during pendency of this criminal revision petition the petitioner passed away. Along with this affidavit a copy of death certificate indicating death of the petitioner on 30th April 2017 has been produced.

7. The petitioner was convicted and sentenced to RI for 6 months under section 304-A of the Indian Penal Code and RI for 3 months under section 279 of the Indian Penal Code. Since there is no sentence of fine awarded by the Court below, the present criminal revision petition does not survive and, accordingly, dismissed as abated.

8. Let the lower Court records be sent to the Court concerned, forthwith.

(Shree Chandrashekhar, J.)

Amit/