In Criminal Appeal No. 112 of 1989, Special Judge (E.C. Act), Banda imposed penalties on appellants. In 2023, the High Court noted reports stating both appellants had died in 1998. Consequently, the appeal was held to have abated.
Appeal held to have abated due to death of both appellants. Office directed to communicate order.
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Court No. - 69
Case :- CRIMINAL APPEAL No. - 112 of 1989
Appellant :- Changu Lal And Another Respondent :- State Counsel for Appellant :- Ramendra Asthana,R.K. Pandey Counsel for Respondent :- A.G.A.
Hon'ble Samit Gopal,J.
List revised.
No one appears on behalf of the appellants to press this appeal. Sri Ankit Srivastava, learned State counsel is present, who has been heard.
The present appeal has been filed by the appellants Changu Lal, Bhaiya Lal, against the judgement and order dated 4.1.1989 passed by Special Judge (E.C. Act), Banda in Misc. Criminal Case No. 20 of 1988 arising out of Sessions Trial No. 269 of 1985, ordering the appellants to pay Rs.5000/- each as penalty and for issue of recovery warrants against the appellants.
As per office report dated 28.1.2023, a report from C.J.M., Banda dated 27.8.2021 has been received stating therein that the appellant no. 1 has died on 5.2.1998 and the appellant no. 2 has died on 7.7.1998. In support of which a report of concerned police station and the copies of the statements of the witnesses recorded in the court 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.
(Samit Gopal,J.)
Order Date :- 2.3.2023
Naresh
Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad
1 provisions across 1 enactments
Changu Lal
Bhaiya Lal
State
Samit Gopal
As recorded by the court registry
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