Dinesh Nayak vs The State Of Madhya Pradesh
2022 Latest Caselaw 6716 MP

                                                                      1
                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                   BEFORE
                                                    HON'BLE SHRI JUSTICE VIRENDER SINGH
                                                              ON THE 5th OF MAY, 2022

                                                      CRIMINAL APPEAL No. 36 of 2014

                                         Between:-
                                         DINESH NAYAK S/O HARI NAYAK , AGED ABOUT
                                         21   YEARS, MAHAVEER COLONY BALAGHAT
                                         (MADHYA PRADESH)

                                                                                                      .....APPELLANT
                                         (NONE FOR THE APPELLANT )

                                         AND

                                         THE STATE OF MADHYA PRADESH THR P.S.
                                         KOTWALI BALAGHAT (MADHYA PRADESH)

                                                                                                   .....RESPONDENTS
                                         (BY SHRI CHANDRAPAL SINGH PARMAR, GOVT. ADVOCATE )

                                      This appeal coming on for orders this day, the court passed the following:
                                                                       ORDER

Being aggrieved by judgment and order dated 05.10.2013 passed by Special Judge (POCSO Act), Balaghat in S.T. No.129/2013, the appellant has preferred this appeal. He has been convicted under Sections 342, 323 & 376(1) of IPC and

Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo R.I. for 1 year, 1 year, 10 years and 10 years respectively and to pay fine of Rs.1000/-, Rs.1000/-, Rs.20,000/- and Rs.20,000/- for each offence with default stipulation with a direction that the custodial sentences shall run concurrently.

T he report received from Jail Superintendent, District Jail, Balaghat dated 09.03.2022 shows that the appellant-Dinesh Nayak has completed his custodial sentence and has been released from the jail on 01.03.2021. The corresponding report is taken on record.

It is also seen from record that even on the earlier dates of hearing, no one appeared for the appellant in this matter. It seems that the appellant has lost interest

Signature Not Verified in prosecuting the present appeal.

SAN

Digitally signed by VINOD In the aforesaid circumstances, no useful purpose will be served by entering VISHWAKARMA Date: 2022.05.07 11:58:12 IST

into the merits of the case. Therefore, 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 , the present appeal is dismissed as having been rendered infructuous.

Let a copy of this order be sent to the Jail Authorities as well as to the concerned trial Court for information and necessary action.

(VIRENDER SINGH) JUDGE vinod

Signature Not Verified SAN

Digitally signed by VINOD VISHWAKARMA Date: 2022.05.07 11:58:12 IST