The appellant State filed a government appeal under Section 377 Cr.P.C. to enhance a sentence. The sole respondent appeared in person but was later declared dead by the Court. Consequently, the appeal was abated at the stage of admission.
The government appeal is dismissed as it stands abated due to the death of the sole respondent.
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Court No. - 90
Case :- GOVERNMENT APPEAL No. - 1491 of 1988
Appellant :- State Respondent :- Madan Pal Singh Counsel for Appellant :- A.G.A. Counsel for Respondent :- Arvind Kumar,K. Capoor
Hon'ble Ram Manohar Narayan Mishra,J.
Case is called out.
This government appeal has been filed by the State of U.P. under Section 377 Cr.P.C. with a prayer to enhance the sentence awarded by the learned Chief Judicial Magistrate, Saharanpur in Case No.404 of 1988 vide order dated 4.4.1988, under Section 14 of the Child Labour (Prohibition and Regulation) Act, 1986, with a contention that minimum sentence under above section is a fine of Rs. 10,000/- with three months R.I. The appeal is still pending at the stage of admission.
As notice was issued to respondent vide order dated 5.5.1992 of this Court under various propositions of law mentioned in the order, Sri Arvind Kumar, Advocate has put in appearance after issuance of notice. However, due to absence of counsel for the respondent, bailable warrant was issued against him, on which CJM, concerned vide letter dated 2.6.2018 has reported that the respondent- Madan Pal Singh has died on 22.8.2006 due to illness. The death confirmation report is accompanied with requisite documents as per the circular issued by this Court..
Since the sole- respondent Madan Pal Singh is reported to be dead, the appeal stands abated, at the admission stage itself.
Order Date :- 20.9.2022 Kamarjahan
Digitally signed by KAMARJAHAN ANSARI Date: 2022.09.22 14:36:24 IST Reason: Location: High Court of Judicature at Allahabad
State of U.P.
Madan Pal Singh
Ram Manohar Narayan Mishra
Kamarjahan
As recorded by the court registry
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