The High Court observed that the appellant in a criminal appeal had died on 03.08.2014. Upon receipt of a report confirming the death, the Court held that the appeal stands abated without needing to return the file for fresh proceedings.
Appeal deemed abated due to death of the appellant.
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Court No. - 42
Case :- CRIMINAL APPEAL No. - 1679 of 1992
Appellant :- Dharm Singh Respondent :- State Counsel for Appellant :- A.K. Singh Counsel for Respondent :- A.G.A.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
This appeal was filed by Dharam Singh alias Dharma son of Shioraj against the judgment and order dated 04.09.1992 passed by the Additional Sessions Judge, Etah in S.T. No.257 of 1990.
By order dated 08.09.1992, the appeal was admitted by this Court and the appellant was released on bail.
On 30th March, 2018, following order was passed:-
"No one has appeared on behalf of the appellant to address the Court, even in the revised call. However, the learned AGA is present.
Let bailable warrant be issued against the appellant Dharm Singh, who shall surrender before the court below within four weeks and in case he applies for bail, he shall be released on bail on furnishing a personal bond of Rs. 20,000/- and two reliable sureties each in the like amount to the satisfaction of the court concerned with an undertaking that he shall appear before the Court on the next date fixed.
The Chief Judicial Magistrate, Etah shall ensure the presence of the accused appellant on the next date fixed.
In case the appellant is not surviving, the Chief Judicial Magistrate concerned shall send report as per circular of this Court by the next date of listing.
List this case on 16.5.2018 along with office report.
A copy of this order with full particulars be sent through FAX to the Chief Judicial Magistrate concerned within a week for communication and necessary compliance."
Pursuant to the above order, the Chief Judicial Magistrate, Etah has submitted a report dated 18.05.2018 stating that upon inquiry it was found that the sole appellant Dharam Singh alias Dharma has died. The report is accompanied by enclosures including death certificate disclosing that the appellant died on 03.08.2014.
In view of the above, the appeal stands abated.
Order Date :- 2.7.2019 AKShukla/-
Dharm Singh alias Dharma
State
Manoj Misra
Anil Kumar-IX
As recorded by the court registry
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