The appellant sought to withdraw a criminal appeal due to his death. The court, relying on the Chief Judicial Magistrate's report confirming his death, dismissed the appeal as abated. It was noted that the victim's family could apply for recall if the death was later found to be false.
The appeal is dismissed as abated due to the death of the sole appellant.
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Court No. - 90
Case :- CRIMINAL APPEAL No. - 2963 of 1986
Appellant :- Shiv Mangal Respondent :- State Counsel for Appellant :- G.P. Mathur Counsel for Respondent :- A.G.A.
Hon'ble Ajit Singh,J.
According to the report of the Chief Judicial Magistrate, Basti dated 17.9.2018, which is on the record as the sole appellant in this case, Shiv Mangal has died.
I have perused the report of Chief Judicial Magistrate, Basti, this Court is satisfied with regard to the death of sole appellant in this case, Shiv Mangal.
Having due regard to the facts mentioned above, the appeal is dismissed as abated.
It is open to the victim-victim's family to move recall application against this abatement order if it is found that the appellant is still alive.
Order Date :- 28.1.2021
Faridul
1 issue framed by the court
Whether the criminal appeal can proceed in absence of the appellant.
Shiv Mangal
State
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
