Appeal dismissed as abated after the Court was informed that the appellant, Mool Chand, had died twenty-five years prior, with supporting documents including a village report, death certificate, and police report.
Criminal Appeal No. 2277 of 1985 dismissed as having abated due to the death of the appellant, Mool Chand.
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Court No. - 73
Case :- CRIMINAL APPEAL No. - 2277 of 1985
Appellant :- Mool Chand Respondent :- State of U.P. Counsel for Appellant :- R.S.Yadav Counsel for Respondent :- A.G.A.
Hon'ble Rajiv Gupta,J.
List revised.
None is present on behalf of the appellant to press this appeal.
Chief Judicial Magistrate, Kasganj, vide his letter dated 9.6.2021 has informed this Court that the sole appellant, Mool Chand had already expired about twenty five years back. In verification of his death, written report of villagers including real brother of the appellant, Roshan Lal has been recorded. Death certificate issued by Village Pradhan has also been annexed. Police report by S.I. Jang Bahadur Singh P.S. Dholna , District Kasganj has also been annexed.
In view of above, since the sole appellant had already expired, this Criminal Appeal is dismissed as having been abated.
Order Date :- 5.4.2022 R
Digitally signed by RAM ASARE MORYA Date: 2022.04.06 10:19:22 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a criminal appeal can be heard when the appellant has already died and has been verified as such.
Mool Chand
State of U.P.
Rajiv Gupta
RAM ASARE MORYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
