K. Raju Naidu vs The State Of Madhya Pradesh
2022 Latest Caselaw 9836 MP

                                                                     1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                  BEFORE
                                                 HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                             ON THE 18th OF JULY, 2022

                                                    CRIMINAL APPEAL No. 1599 of 2014

                                          Between:-
                                  1.      K. RAJU NAIDU S/O SHRI BAIRAIYA NAIDU,
                                          AGED ABOUT 45 YEARS, AMALAPURAM,
                                          DISTRICT KAKINEDA (ANDHRA PRADESH)

                                  2.      M. VENKAT REDDY S/O SHRI GANG REDDY,
                                          AGED ABOUT 45 YEARS, KOMARAJOLIKA P.S.
                                          RAWLAPAKAM DISTRICT EAST GODAWALI
                                          (ANDHRA PRADESH)

                                                                                                .....APPELLANTS
                                          (NONE FOR THE APPELLANTS)

                                          AND

                                          THE STATE OF MADHYA PRADESH EXCISE SUB
                                          INSPECTOR    CIRCLE   REWA    (MADHYA
                                          PRADESH)

                                                                                               .....RESPONDENT
                                          (BY SHRI Y.D. YADAV, GOVERNMENT ADVOCATE)

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

Report dated 14/06/2022 has been received from Jail Superintendent, Central Jail, Rewa according to which appellants K Raju Naidu and M. Venkat Reddy have already suffered the entire jail sentence and they have been released from jail on 15/01/2022 after taking benefit of remission.

This appeal has been preferred by the appellants against the judgment Signature Not Verified SAN

dated 22/04/2014 passed by Special Judge (NDPS), Rewa in Special Case Digitally signed by ANURAG SONI Date: 2022.07.18 17:36:42 IST

No.11/2011 whereby learned Special Judge found the appellants guilty for the

offence punishable under Sections 8(c) r/w Section 20(B) 2 (C) of the NDPS Act and sentenced them to undergo R.I. for 10 years with fine of Rs.1,00,000/- each with default clause.

A s per report dated 14/06/2022 received from Jail Superintendent, Central Jail, Rewa appellants K Raju Naidu and M. Venkat Reddy have already suffered the entire jail sentence and they have been released from jail on 15/01/2022 after taking benefit of remission and none is present for the appellants 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 appellants have 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 as Digitally signed by ANURAG SONI Date: 2022.07.18 17:36:42 IST