Nawab Singh vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 22698 MP

Madhya Pradesh High Court

Nawab Singh vs The State Of Madhya Pradesh Thr on 28 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 28 th OF DECEMBER, 2023
                                              CRIMINAL APPEAL No. 972 of 2015

                           BETWEEN:-
                           NAWAB SINGH S/O SHRI NARAYAN DAS KAURAV, AGE
                           39 YEARS, OCCUPATION: TEACHER, R/O MURAWALI
                           POLICE STATION DABOH, DISTRICT BHIND (MADHYA
                           PRADESH)

                                                                                            .....APPELLANT
                           (BY SHRI KAPIL SINGHAL- ADVOCATE)

                           AND
                           STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION DABOH, DISTRICT BHIND (MADHYA
                           PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI RAVI VALLABH TRIPATHI- PANEL LAWYER FOR
                           RESPONDENT/STATE)

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

This criminal appeal under Section 374(2) of Cr.P.C. has been filed by the appellant against the judgment of conviction and order of sentence dated 01.10.2015 passed by learned Special Judge (SC/ST), District Bhind in case No.27/2013, whereby the appellant has been convicted under Section 3(1)(x) of SC/ST Act and sentenced to undergo six months RI with fine of Rs.500/- and under Section 323 of IPC with fine of Rs.500/-, with default stipulation.

Learned counsel for appellant submits that this appeal has abated due to the death of appellant- Nawab Singh s/o Shri Narayan Das Kaurav, aged about

39 years, r/o Murawali, Police Station Daboh, District Bhind. He further submits that he has received information from the family members on the phone call, therefore, he prays that death report may be requisitioned.

Learned counsel for the State submits that information can be verified and produce it as PUD and this appeal can be disposed with the direction that if the information is correct, this appeal stands revive. Therefore, considering the above submission, this appeal is of now staying as abated and dismissed as such. Let the factum of death of appellant be verified by the Registry and produce the status report as PUD separately and it is made clear that at the cost of repetition that if this information is incorrect, then this appeal shall stands

revive.

Accordingly, this appeal is disposed of as abated.

(AVANINDRA KUMAR SINGH) V. JUDGE shivani