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CRJA/18/2020
2023 Latest Caselaw 650 UK

Citation : 2023 Latest Caselaw 650 UK
Judgement Date : 16 March, 2023

Uttarakhand High Court
CRJA/18/2020 on 16 March, 2023
               Office Notes, reports,
SL.           orders or proceedings or
      Date                                              COURT'S OR JUDGES'S ORDERS
No           directions and Registrar's
               order with Signatures


                                          CRJA No. 18 of 2020
                                          With
                                          CRLA No. 387 of 2020
                                          Hon'ble Sharad Kumar Sharma, J.

Mr. Karan Anand, Advocate in CRJA No. 18 of 2020 and Mr. Nalin Saun, Advocate in CRLA No.387 of 2020, Advocate for the appellant.

Mr. V.K. Gemini, learned Deputy Advocate General along with Ms. Meena Bisht, learned Brief Holder for the State.

These are two criminal appeals, both the criminal appeal i.e. Criminal Appeal No. 387 of 2020 "Mustakeem Vs. State of Uttarakhand", and Criminal Jail Appeal No. 18 of 2020 "Mustakeem Vs. State of Uttarakhand", have been preferred, as against the judgment of conviction dated 30.11.2019, as it has been rendered in Sessions Trial No.87 of 2016 "State Vs. Mustakeem", in which, he has been convicted for the sentences for the offences under Sections 323, 376 & 452 of I.P.C.

In connected CRLA No. 387 of 2020, the same has been preferred by the appellant-Mustakeem, wherein he has put to a challenge to a judgment of conviction, as it has been rendered in Sessions Trial No. 87 of 2016 "State Vs. Mustakeem", by engaging the private counsel, and later on the appellant-Mustakeem has preferred a Criminal Jail Appeal, which was referred to a criminal jail appeal, on the letter written by the appellant, hence, accordingly, as against the same sentence imposed by the Sessions Trial No. 87 of 2016, in fact, two criminal appeals have been registered against the same judgment of conviction.

But at this stage, this Court is not required to venture into this complexity of the matter, as to what effect would, the filing of the two appeals, would have particularly, in the light of the report, which has been submitted by the learned Fast Track Special Court/Additional District and Sessions Judge, Dehradun, who has reported, that the appellant-Mustakeem, has met with the sad demise on 29.01.2021.

Owing to the sad demise of the Mustakeem-the appellant herein, the present appeals would automatically stand abated.

Hence, the appeals are, accordingly, dismissed, as having abated.

(Sharad Kumar Sharma, J.) 16.03.2023 Mamta

 
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