The court found the sole appellant in Appeal No. 3323/2001 died, abating that appeal. Appeals No. 3518/2001 and 3191/2001 were listed after three weeks for a report awaited under previous orders from Appeal No. 5361/2003.
Criminal Appeal No. 3323 of 2001 dismissed; others listed for three weeks.
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Court No. - 48
Case :- CRIMINAL APPEAL No. - 3323 of 2001 Appellant :- Dinesh Ram Tiwari Respondent :- State of U.P. Counsel for Appellant :- P.C. Srivastava,Vijay Shanker Mishra Counsel for Respondent :- Govt. Advocate
Connected with
Case :- CRIMINAL APPEAL No. - 3518 of 2001 Appellant :- Om Prakash @ Omai Respondent :- State of U.P. Counsel for Appellant :- R.C. Dwivedi Counsel for Respondent :- Govt. Advocate
and
Case :- CRIMINAL APPEAL No. - 3191 of 2001 Appellant :- Vimal Ram Tiwari And Another Respondent :- State of U.P. Counsel for Appellant :- Arvind Kumar Misra,Satish Trivedi Counsel for Respondent :- Govt. Advocate
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
In Criminal Appeal No. 3323 of 2001, the report of C.J.M., Gorakhpur dated 11.06.2021 states that the sole appellant Dinesh Tiwari died about 9 years back.
As a consequence and since the sole appellant is dead, Criminal Appeal No. 3323 of 2001 , has abated and is dismissed as such..
Order on Criminal Appeal No. 3518 of 2001 and Criminal Appeal No. 3191 0f 2001.
In both cases, the report sought from the C.J.M. concerned, pursuant to the order issued by this court on 03.03.2021 in Criminal Appeal No. 5361 of 2003, is stated to be awaited.
List these appeals after three weeks awaiting the report called for vide order dated 03.03.2021 in Criminal Appeal No. 5361 of 2003.
In the meantime office may also sent a reminder to the C.J.M. concerned.
Order Date :- 20.7.2021/Neetu
2 issues framed by the court
Whether an appeal should proceed when the sole appellant is deceased.
Whether the criminal appeals are contingent on receipt of a judicial report.
Colour shows how this judgement treated each authority
Criminal Appeal No. 5361 of 2003Referred¶11
Dinesh Ram Tiwari
Om Prakash @ Omai
Vimal Ram Tiwari
State of U.P.
Anjani Kumar Mishra
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
