State Of M.P. vs Mahendra Singh Narvariya
2024 Latest Caselaw 5994 MP

Madhya Pradesh High Court

State Of M.P. vs Mahendra Singh Narvariya on 27 February, 2024

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                              ON THE 27 th OF FEBRUARY, 2024
                                             CRIMINAL APPEAL No. 737 of 2013

                           BETWEEN:-
                           STATE OF M.P. GOVT.
                           THROUGH      SPECIAL  POLICE  ESTABLISHMENT
                           lOKAYUKTA,     KARYALAYA, GWALIOR, (MADHYA
                           PRADESH)

                                                                                        .....APPELLANT
                           (SHRI AJAY KUMAR CHATURVEDI, LEARNED SPECIAL PUBLIC
                           PROSECUTOR FOR THE APPELLANT),

                           AND
                           MAHENDRA SINGH NARVARIYA S/O SHRI MANIRAM
                           GOVARDHAN, PATWARI HALKA AVAM CIRCLE
                           MORAR, GWALIOR, R/O GOVARDHAN       COLONY
                           MURAR DISTT. GWALIOR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (SHRI RAJIV SHARMA, LEARNED COUNSEL FOR THE RESPONDENT),

                                 This appeal coming on for HEARING this day, th e court passed the
                           following:
                                                              ORDER

This criminal appeal under Section 378 of the Cr.P.C. is preferred against the judgment of acquittal dated 06.11.2012 passed by learned Special Judge (Prevention of Corruption Act), Gwalior, (M.P.) in SST No.03/2011, whereby the respondent has been acquitted under Section 7, 13(1) (d) and 13 (2) of Prevention of Corruption Act, 1988.

Heard on IA No.21031/2023, an application filed by son of deceased respondent Mahendra Singh, Laxminarayan for dismissal of this criminal appeal

as abated, due to death of sole respondent Mahendra Singh.

Learned counsel for the respondent submits that sole respondent Mahendra Singh has expired on 18.03.2022 at his place of residence, District- Gwalior. Therefore, this appeal stands abated and it be dismissed as such. In support of his contention, death certificate of respondent Mahendra Singh is enclosed along with this application.

On 20.02.2024, State counsel was requested to verify the factum of death of Mahendra Singh from concerned Police Station.

As per State counsel, verification is done by SHO Police Station- Morar Distt. Gwalior to the effect that respondent - Mahendra Singh has died on

18.03.2022.

Since, respondent- Mahendra Singh has expired, this appeal stands abated, in view of provision contained in Section 394 of Cr.P.C.

Accordingly, this criminal appeal is dismissed as abated.

(SANJEEV S KALGAONKAR) JUDGE Rks