The court accepted a post-death report confirming the appellant's death 17 years prior. Consequently, the criminal appeal was held to have abated as no legal heirs intervened to proceed with the matter.
The criminal appeal stands abated and is dismissed.
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Court No. - 87
Case :- CRIMINAL APPEAL No. - 1332 of 1995
Appellant :- Mangi Jain Alias Mangey Lal Respondent :- State Counsel for Appellant :- V.S. Chaudhary Counsel for Respondent :- A.G.A
Hon'ble Mrs. Sadhna Rani (Thakur),J.
None appears for the appellant.
The report of C.J.M. dated 02.11.2021 is on the record, according to which Mangi Jain @ Mangey Lal has died 17 years ago. This report is supported with the report of S.I. Rajiv Kumar, P.S. Ramala, Baghpat, statement of S.I. Rajiv Kumar, statement of Akshay Jain, real grand son of the appellant, statement of Sanjiv Kumar, family members of the appellant. All of them have stated that the appellant Mangi Jain @ Mangey Lal has died about 17 years ago.
Thus, the report of C.J.M. being in compliance of Circular No. 15/2005, VIII-110 April 19, 2005 and 04/Admin G-II dated Allahabad 18.01.2017 is hereby accepted.
As the son or legal heirs of the deceased have not come forward to proceed with the appeal, hence, the appeal stands abated.
The appeal is dismissed as abated. Order Date :- 7.12.2021 gp
1 issue framed by the court
Whether the criminal appeal abated due to the death of the appellant.
Mangi Jain Alias Mangey Lal
State
Sadhna Rani Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
