Shivcharan Gurjar vs Madhya Pradesh Madhya Kshetra Vidhyut
2023 Latest Caselaw 22506 MP

Madhya Pradesh High Court

Shivcharan Gurjar vs Madhya Pradesh Madhya Kshetra Vidhyut on 27 December, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                               ON THE 27 th OF DECEMBER, 2023
                                              CRIMINAL APPEAL No. 598 of 2008

                           BETWEEN:-
                           SHIVCHARAN GURJAR S/O SHRI MAHARAJ SINGH
                           GURJAR, AGED 55 YEARS, OCCUPATION: LABOUR, R/O
                           VILLAGE SARASPURA, DISTRICT GWALIOR (MADHYA
                           PRADESH)

                                                                                            .....APPELLANT
                           (BY SHRI ARVIND SINGH CHAUHAN - ADVOCATE)

                           AND
                           MADHYA PRADESH, MADHYA KSHETRA VIDHYUT
                           VITRAN COM. LTD. THROUGH KANISTHA YANTRI
                           SUSHIL AGRAWAL, S/O B.L. AGRAWAL, AGED 39 YEARS,
                           KANISHTHA YANTRI R.E.S-II, (SANCH./SANDHA.)
                           VITRAN KENDRA MURAR, DISTRICT GWALIOR
                           (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI V.P.S. TOMAR - PANEL LAWYER)

                                 Th is appeal coming on for hearing this day, t h e court passed the

                           following:
                                                                ORDER

This criminal appeal under Section 374 of Cr.P.C. has been filed by the appellant against the judgment of conviction and order of sentence dated 31.07.2008 passed by learned Special Judge (Electricity), District Gwalior in S.T. No.821/2008, whereby the appellant has been convicted under Section 135 (1)(a) of Electricity Act and sentence to undergo one month RI with fine of Rs.16,875/-, with default stipulation.

At the outset, learned counsel for the appellant submits that appellant has

expired about 2 or 3 years back, therefore, he prays that death report may be called.

After hearing the parties, this Court is of the considered view that since this appeal is of the year 2008 and nothing remains to be done in this case except for record purpose to call the death report, therefore, this appeal is dismissed as abated due to death of sole appellant-Shivcharan Gurjar, however, the Registry is directed to call the death report of the appellant-Shivcharan Gurjar S/o Maharaj Singh Gurjar, Age-55 years, R/o Village Saraspura, District Gwalior, Police Station Bijoli and produce it as a PUD within 15 days with stipulation that if the appellant's counsel is misinformed by the party, then this

appeal shall stands revive.

Accordingly, this appeal is disposed of as abated.

(AVANINDRA KUMAR SINGH) JUDGE Adnan