The High Court dismissed the State's Government Appeal against an acquittal order as the criminal proceedings have abated due to the death of the accused respondent.
The Government Appeal stands abated.
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Court No. - 66
Case :- GOVERNMENT APPEAL No. - 839 of 2018
Appellant :- State of U.P. Respondent :- Harish Chandra Saxena Counsel for Appellant :- G.A.
Hon'ble Samit Gopal,J.
Matter taken up in the revised list.
Sri Sanjay Kumar Singh, learned counsel for the StateAppellant and Sri Krishna Gopal, learned counsel for the accused-opposite party are present.
The present Government Appeal under Section 378(3) Cr.P.C has been preferred by the State-Appellant against the judgment and order of acquittal of accused-respondent dated 7.9.2018 passed by Special Judge (Prevention of Corruption Act), Court No.1, Bareilly in Case No.18 of 2012 (State of U.P. Vs. Harish Chandra Saxena).
As per the office report dated 14.9.2022/20.9.2022, the report of C.J.M., Bareilly has been received stating therein that the sole accused-respondent Harish Chandra Saxena has died on 2.11.2018. The said report has been sent after due inquiry.
This Court has perused the said report which states that the accused-respondent Harish Chandra Saxena has died.
In view of the above, the present Government Appeal stands abated.
File consigned to records.
(Samit Gopal, J.)
Order Date :- 21.9.2022 Gaurav
Digitally signed by GAURAV KULSHRESTHA Date: 2022.09.22 11:20:26 IST Reason: Location: High Court of Judicature at Allahabad
1 provisions across 1 enactments
State of U.P.
Harish Chandra Saxena
Samit Gopal
As recorded by the court registry
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