Vinod Kumar Upadhyay vs The State Of Madhya Pradesh
2022 Latest Caselaw 9598 MP

                                                                      1


                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                   BEFORE
                                                  HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                              ON THE 13th OF JULY, 2022

                                                     CRIMINAL APPEAL No. 1094 of 2006

                                           Between:-
                                           VINOD KUMAR UPADHYAY S/O RAMYASH
                                           UPADHYAYA , AGED ABOUT 27 YEARS, R/O
                                           RAMPUR DHAVAIYA PS MANGAWAN DISTT
                                           REWA (MADHYA PRADESH)

                                                                                                  .....APPELLANT

                                           NONE FOR THE APPELLANT

                                           AND

                                           THE STATE OF MADHYA PRADESH THROUGH
                                           POLICE STATION MANGAWAN, DISTT. REWA
                                           (MADHYA PRADESH)

                                                                                                .....RESPONDENT

                                           ( SHRI AMIT KUMAR PANDEY, LEARNED P.L. FOR THE
                                           RESPONDENT / STATE )


                                         Th is appeal coming on for direction this day, th e court passed the
                                   following:
                                                                        ORDER

Report dated 17/6/2022 has been received from Sub Jail Superintendent, Central Jail, Rewa according to which accused/appellant Vinod Kumar Upadhyay, has already suffered the entire jail sentence and he has been released

Signature Not Verified from jail on 29.12.2008 after taking benefit of remission. SAN

This appeal has been preferred by the appellant against the judgment Digitally signed by NAVEEN KUMAR SARATHE Date: 2022.07.13 17:42:12 IST

dated 17.05.2006 passed by Vth Additional Sessions Judge ( Fast Track

Court), Rewa in S.T. No.162/2005, whereby the learned Additional Sessions Judge found the appellant guilty for the offence punishable under Sections 306, 498 of the IPC and sentenced him to undergo R.I. for five years with fine of Rs.1000/- and R.I. for two years with fine of Rs.1000/- with default stipulation.

As per report dated 17.06.2022 received from Sub Jail, Superintendent, Central Jail, Rewa appellant Vinod Kumar Upadhyay has already suffered the entire jail sentence and he has been released from jail on 29.12.2008 after taking benefit of remission and none is present for the appellant to argue the matter.

I n the aforesaid circumstances, no useful purpose will be served by entering into the merits of the case as the appellant has already been released

after undergoing the entire jail sentence.

Therefore, the appeal has become infructuous and may be disposed of without entering into the merits of the case in view of the law laid down by the Apex Court in the case of Daya Singh Lohariya Vs. State of Rajasthan, (2007)5 SCC 366 and by the Jharkhand High Court in the case of Sarula Munda Vs. State of Bihar, 2011(3) Cr.L.J. 3639.

Accordingly, this appeal is dismissed as having been rendered infructuous.

A copy of this order be sent to the concerned jail authorities as well as to the concerned trial Court for information and necessary action.

C.C.as per rules.

                                                                                         (RAJEEV KUMAR DUBEY)
Signature Not Verified
  SAN                                                                                           JUDGE
                                   sarathe
Digitally signed by NAVEEN KUMAR
SARATHE
Date: 2022.07.13 17:42:12 IST