Madhya Pradesh High Court
R.N.Sharma vs The State Of Madhya Pradesh on 10 July, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:14236
1 CRA-533-2014
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 10th OF JULY, 2025
CRIMINAL APPEAL No. 533 of 2014
R.N.SHARMA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Umesh Sharma, Advocate for proposed legal representative of
appellant through video conferencing.
Shri Sushil Chandra Chaturvedi, Advocate for
respondent/Lokayukt.
ORDER
The present Criminal Appeal under Section 374 of the Code of
Criminal Procedure (in short 'Cr.P.C.') has been preferred against the
impugned judgment dated 25.03.2014 passed by the Sessions Judge and
Special Judge (Prevention of Corruption Act), Shivpuri in Special
Sessions Trial No.01/2008, whereby the appellant has been convicted for
the offence under Section 409 of Indian Penal Code (in short 'IPC') and
Section 13(2) of Prevention of Corruption Act, 1988 and sentenced to
undergo 2 years RI with fine of Rs.10,000/- and 1 year RI with fine of
Rs.5,000/- and with usual default stipulation.
2. Both the parties heard on I.A. No.520/2025, which is an
NEUTRAL CITATION NO. 2025:MPHC-GWL:14236
2 CRA-533-2014
application for granting permission to the legal representative of the
appellant to hear the appeal due to death of the appellant.
3. Learned counsel for the deceased appellant R.N. Sharma
contended that during pendency of this criminal appeal, appellant R.N.
Sharma died on 12.11.2024 and the matter pertains to legal issue and due
to the conviction in the instant case, deceased appellant has been
deprived from pension, gratuity and other financial benefits, therefore,
his widow Smt. Pushplata Sharma wants to challenge conviction of the
deceased appellant, hence, he prays that legal representative of the
deceased appellant be permitted to substitute and proceed in the matter
on behalf of deceased appellant.
4. Per contra, learned counsel for the respondent/Lokayukt opposed
the prayer made by the learned counsel for the proposed legal
representative of the deceased appellant and prays for its rejection by
submitting that appellant has died on 12.11.2024 and factum of his death
has been duly verified by the report of Registrar (Birth and Death),
Municipal Corporation, Shivpuri (MP). Tashdik Panchnama and Death
Certificate in respect of death of deceased appellant are annexed as
Annexures R-1 to R-3. As per provisions of Section 394(2) of CrPC, this
application was not within the statutory period of 30 days, therefore, the
application is not maintainable being time barred.
5. Both the parties heard and perused the record.
6. The application is on the basis of death certificate and other
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3 CRA-533-2014
documents (Annexures R-1 to R-3). It is proved that sole appellant R.N.
Sharma has died on 12.11.2024, but this application for bringing the
legal representative has been filed on 09.01.2025. As per provisions of
Section 394 of CrPC, statutory period for filing an application for leave
to continue the appeal by near relatives of the deceased is 30 days.
Proposed legal representative of the deceased appellant did not file any
application under Section 5 of Limitation Act for condonation of delay in
filing the application for bringing the legal representative of the deceased
on record and proceed in the matter on behalf of deceased appellant,
therefore, this application is time barred.
7. Accordingly, I.A. No.520/2025 is dismissed being time
barred. Sole appellant R.N. Sharma has died and as per verification
report, it is proved that he has died and factum of his death has been duly
verified by death certificate and other relevant documents (Annexures R-
1 to R-3), which are available on record.
8. In view of the above, this criminal appeal under Section 374 of
CrPC filed by the appellant is hereby dismissed being abated.
(ANIL VERMA)
JUDGE
Abhi
