The High Court held the criminal appeal filed by Rambalee Chauhan to be abated since the appellant died on 24.10.2018, relying on office reports and witness statements confirming his death.
The appeal was held to be abated due to the death of the appellant.
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Court No. - 66
Case :- CRIMINAL APPEAL No. - 3452 of 2004
Appellant :- Rambalee Chauhan Respondent :- State of U.P. Counsel for Appellant :- Anand Priya Singh Counsel for Respondent :- Govt. Advocate
Hon'ble Samit Gopal,J.
List revised.
No one appears on behalf of the appellant to press this appeal. Sri S.B. Maurya, learned State counsel is present, who has been heard.
The present appeal has been filed by the appellant- Rambalee Chauhan, against the judgement and order dated 29.06.2004 passed by Additional District Judge / Sessions Judge, F.T.C. Court No. 2, Mau, District Mau, in Criminal Case No. 60 of 2003 under Section 8/20 N.D.P.S. Act, P.S.- Haldarpur, District Mau.
As per office report dated 08.09.2022, a report from C.J.M. concerned dated 27.01.2022 has been received stating therein that the appellant has died on 24.10.2018. In support of which a report of concerned police station and the copy of the statements of the witnesses and the certificate issued by Gram Pradhan, Vikas Khand, Ratanpura, District Mau have also been annexed thereto.
Accordingly, the appeal stands abated.
Office is directed to communicate this order to District and Sessions Judge concerned within two weeks from today.
Order Date :- 26.9.2022 AS Rathore
(Samit Gopal,J.)
Digitally signed by ABHISHEK SINGH RATHOR Date: 2022.09.27 14:08:11 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal appeal can be sustained when the appellant has died.
Whether the prosecution services of the High Court are liable to take up the case in absence of the appellant.
1 provisions across 1 enactments
Rambalee Chauhan
State of U.P.
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
