Sanjay Sinha vs The State Of Jharkhand Through Cbi
2022 Latest Caselaw 3990 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           (Criminal Appellate Jurisdiction)

                         Cr. Appeal (DB) No. 354 of 2018

Sanjay Sinha                                               ....     ....     Appellant
                                 Versus
The State of Jharkhand through CBI       .... .... Respondent
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant : Mr. A.K.Kashyap, Sr. Advocate;

Mr. Anurag Kashyap, Advocate For the CBI : Ms. Shiwani Jaluka, AC to DSGI

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th Order No.24/Dated: 27 September 2022 IA (Cr.) No.1316 of 2020 This interlocutory application has been filed seeking an order from the Court that the present Cr. Appeal (DB) No. 354 of 2018 has abated on death of the appellant on 26th October 2019.

This interlocutory application has been opposed by Ms. Shiwani Jaluka, the learned counsel for the CBI.

With reference to Section 394 of the Code of Criminal Procedure, the learned counsel for the CBI refers to the judgment of the Hon'ble Supreme Court in "Ramesan v. State of Kerala" (2020) 3 SCC 45.

Faced with the opposition from the CBI, Mr. A.K.Kashyap, the learned senior counsel for the applicant, seeks permission to withdraw this interlocutory application with liberty to file an application for substitution.

Accordingly, the present interlocutory application is dismissed as withdrawn with liberty to the applicant to pursue this Cr. Appeal (DB) No. 354 of 2018 by filing an appropriate application for substitution.

After filing of the application for substitution, the applicant may mention the matter before the appropriate Bench for hearing of the said application.

                                                     (Shree Chandrashekhar, J.)


SB/Nibha                                               (Ratnaker Bhengra, J.)