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Dambar Singh Vs State of U.P. — Allahabad HC (2019) — LawSathi Research

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Allahabad HC
2019
Dambar Singh Vs State of U.P.Dambar Singh v. State of U.P.

Dismissed

Dambar Singh v. State of U.P.

Allahabad HC5 Jul 2019CRLA/701/1993

Case brief

AI extract

What is this about?

Appeal against conviction abated due to death of the appellant, verified through judicial enquiry by the Chief Judicial Magistrate.

What the court decided

AI extract

A

Court No. - 42

Case :- CRIMINAL APPEAL No. - 701 of 1993

Appellant :- Dambar Singh Respondent :- State Of U.P. Counsel for Appellant :- Shashank Shekher Counsel for Respondent :- A.G.A.

Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.

This appeal was filed by Dambar Singh against the judgement and order dated 30th March, 1993, passed by VI th Additional District & Sessions Judge, Aligarh in S.T. No.77 of 1992.

On 31st October, 2018, following order was passed:

"Sri Shashank Shekhar, learned counsel for the appellant has left for heavenly abode long ago whose name has not been mentioned in the cause list, as such let notice be issued to the accused appellant through Chief Judicial Magistrate, Aligarh to engage another counsel.

In case the appellant is not surviving, the Chief Judicial Magistrate shall enquire into the matter and submit a report in this regard as per circular issued by this Court.

Let the case be listed in the week commencing 3.12.2018 along with the report of the Chief Judicial Magistrate concerned.

Parties & counsel

AI extract

appellant
Dambar Singh
respondent
State Of U.P.

Coram

AI extract

Manoj Misra

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 5 Jul 2019 · July
Registered: 7 Apr 1993
Case no.: CRLA/701/1993

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Cite this judgement

Dambar Singh v. State of U.P., CRLA/701/1993 (ALL), decided on 5 July 2019.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Manoj Misra and Anil Kumar-IX

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The criminal appeal filed by Dambar Singh stands abated. Based on the report of the Chief Judicial Magistrate confirming the appellant's death in 2002 sixteen years prior to filing the appeal, the court held that the proceedings could not continue in the absence of the appellant.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

Office is directed to send a copy of this order within a week to the Chief Judicial Magistrate concerned through FAX for communication and necessary compliance."

Pursuant to the above order, the Chief Judicial Magistrate, Aligarh has submitted a report dated 14th January, 2019 which has been placed before us under office report dated 4th July, 2019.

The report of the Chief Judicial Magistrate, Aligarh indicates that he had called for a report from the police station concerned and has held an enquiry by recording statement of witnesses including family members of the appellant and has come to the conclusion that the sole appellant has died 16 years ago in the year 2002.

In view of the above, the appeal stands abated.

Order Date :- 5.7.2019. Rks.

Anil Kumar-IX

CNR

UPHC010084421993

Bench

Manoj Misra Anil Kumar -ix

Disposal

Dismiss other than merit(DD/Non Prosec./Abated)

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