The State Of M.P. vs Radheyshyam Daharwal
2022 Latest Caselaw 9079 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                            CRA No. 555 of 2005
                    (THE STATE OF M.P. Vs RADHEYSHYAM DAHARWAL)

Dated : 07-07-2022
      Shri Kapil Pathak, counsel for the appellant.

      Shri Ravindra Shukla, PL for the State.
      Heard on I.A. No.8365/2022, which is an application for condonation
of delay in filing the application seeking leave to continue the appeal on behalf
of the respondent (I.A. No.19658/2018).

For the reasons mentioned in the application, which is supported by an

affidavit of wife of the respondent, it is allowed. Delay in filing I.A. No. 19658/2018 is condoned.

Heard on I.A. No. 19658/2018, which is an application seeking leave to continue appeal on behalf of the respondent.

This appeal has been filed by the State being aggrieved by the judgment of acquittal dated 22.11.2004 passed by First Additional Sessions Judge, Seoni in S.t. No. 89/02 whereby the respondent was acquitted from the charges under Sections 302,304(B) of IPC and convicted under Section 498-A of IPC and Section 4 of the Dowry Prohibition Act and sentenced to R.I. for 3 years with

fine of Rs.10,000/- and R.I. for 2 years with fine of Rs. 5000/- respectively with default stipulation, for demanding dowry and committing cruelty with his first wife Asha Bai.

I t is submitted in the application that the respondent has died on 7.10.2018.. He was a govt. employee and applicant namely Amita is his wife, therefore, leave may be granted to her to continue the appeal on behalf of the appellant.

The application is supported by death certificate of the respondent and Aadhar Card of applicant Amita.

For the reasons mentioned in the application, it is allowed. Applicant is permitted to prosecute the appeal on behalf of the respondent.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

PB

Digitally signed by PRADYUMNA BARVE Date: 2022.07.07 17:56:01 +05'30'