Sandeep Rawani @ Pinku Rawani vs The State Of Jharkhand
2022 Latest Caselaw 3635 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                (Criminal Revisional Jurisdiction)
               Criminal Revision No. 262 of 2015
Sandeep Rawani @ Pinku Rawani, s/o late Kalipado Rawani, r/o-
Salanpur, Gosala Patti, PO-Katras, PS-Katras (Ramkanali),
District-Dhanbad, Jharkhand.                    ... Petitioner

                              Versus

The State of Jharkhand                           ... Opposite Party

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

For the Petitioner       : Mr. Manoj Kumar, Advocate
For the State            : Mr. Bishwambhar Shastri, APP
                            ---------

Order No.06/Dated: 12th September 2022

In GR Case No. 3102 of 2007, five persons were put on trial on the charge framed under section 498-A of the Indian Penal Code and section ¾ of the Dowry Prohibition Act.

2. By judgment and order dated 19th December 2012 the petitioner and his mother both were convicted and sentenced to SI for two years with fine of Rs.5000/- under section 498-A of the Indian Penal Code. There was a default stipulation to the effect that the convicts shall undergo SI for three months in default of payment of the fine amount.

3. By judgment dated 17th January 2015, the mother of the petitioner was acquitted from the criminal charges framed against her by setting-aside the aforesaid judgment of conviction and order of sentence passed against her in GR Case No. 3102 of 2007.

4. The petitioner is in revision against the aforesaid judgment dated 17th January 2015 passed in Criminal Appeal No. 29 of 2013 by which the judgment of conviction under section 498-A of the Indian Penal Code has been affirmed by the appellate Court.

5. By an order dated 15th June 2015 passed in the present proceeding, the petitioner was granted bail on condition of depositing the fine amount.

2 Criminal Revision No. 262 of 2015

6. It is stated that during pendency of the present criminal revision petition, the petitioner has passed away.

7. A letter written from the officer-in-charge of Ramkanali OP dated 19th July 2022 has been brought on record. Through this letter, the officer-in-charge Ramkanali OP has informed the Additional Public Prosecutor, High of Jharkhand that there is no other criminal case lodged against the petitioner within Katras (Ramkanali OP).

8. On 19th July 2022 the following order was passed by this Court:

"The petitioner has been convicted and sentenced to SI for two years and fine of Rs. 5,000/- under section 498-A of the Indian Penal Code. He is the husband of the victim lady.

Mr. Ashok Kumar, the learned counsel appears and seeks adjournment on the ground that now since he has assumed the charge of the Additional Public Prosecutor he cannot appear for the petitioner and, therefore, he needs to inform the petitioner to engage another counsel.

Mr. Shailesh Kumar Sinha, the learned APP informs the Court that he has received information from the concerned police station that now the petitioner has passed away.

Post the matter on 2nd September 2022 under the heading for "Orders" ."

9. Mr. Manoj Kumar, the learned counsel for the petitioner submits that since the fine amount has been deposited by the petitioner, the judgment of conviction and order of sentence recorded against the petitioner shall abate and while so the present criminal revision petition has been rendered infructuous.

10. Ordered accordingly.

11. Criminal Revision No. 262 of 2015 is disposed of in the aforesaid terms.

(Shree Chandrashekhar, J.)

Amit/