In Criminal Appeal No. 841 of 1992, the Court, after issuing bailable warrants for the non-appearance of appellant Shalendra Singh, accepted a report stating he died about 20 years ago. The appeal stands abated.
The criminal appeal was allowed to abate on the grounds of death of the sole appellant.
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Court No. - 42
Case :- CRIMINAL APPEAL No. - 841 of 1992
Appellant :- Shalendra Singh Respondent :- State Counsel for Appellant :- A.Kumar Singh Counsel for Respondent :- A.G.A.
Hon'ble Manoj Misra,J. Hon'ble Mrs. Manju Rani Chauhan,J.
This appeal has been filed by Shalendra son of Pratap Singh against the judgment and order dated 24.04.1992 passed by Fourth Additional Sessions Judge, Etah in S.T. No.438 of 1989.
On 24.07.2019, following order was passed:-
"Ms. Priti Dwivedi, holding brief of Sri A. Kumar Singh, learned counsel for the appellant, states that despite repeated letters, the appellant has not responded.
This appeal was admitted on 05.05.1992 and the appellant was released on bail on executing a personal bond and furnishing adequate sureties to the satisfaction of Chief Judicial Magistrate, Etah.
As already sufficient time has passed since the admission of the appeal and no one has appeared on behalf of the appellant, we deem it appropriate to issue bailable warrants to the appellant, fixing 05th September, 2019.
List on 05th September, 2019.
In case the Chief Judicial Magistrate concerned finds that the appellant is no more alive, he shall submit report accordingly, after conducting inquiry, as per the circular of this Court. In case the lower court record has not been called as yet, the same shall be summoned forthwith."
Pursuant to the above order, the Chief Judicial Magistrate, Etah has submitted a report dated 29.08.2019 stating that the sole appellant (Shalendra Singh) is no more alive and that from the inquiry conducted by him as well as the report received from the concerned police station, it was found that he died about 20 years back. The report is accompanied by necessary documents.
In view of the above, as the sole appellant has died, the appeal stands abated.
Let information of this order be sent to the court below.
Order Date :- 5.9.2019 AKShukla/-
2 issues framed by the court
Whether the appeal stands abated upon the death of the appellant.
Whether a pronouncement of ex-parte warrant order is required when the appellant is deceased.
Shalendra Singh
State
Manoj Misra
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
