The High Court of Judicature at Allahabad dismissed the criminal appeal as abated since the appellant died two years prior, no continuation application was filed by legal heirs, and the thirty-day period to approach the court from the date of death had lapsed.
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Neutral Citation No. - 2023:AHC-LKO:45546
Court No. - 29
Case :- CRIMINAL APPEAL No. - 1371 of 2007
Appellant :- Anoop Kumar Gadariya Respondent :- The State Of U.P. Counsel for Appellant :- Atul Verma,Hari Krishna Verma Counsel for Respondent :- Govt.Advocate
Hon'ble Mrs. Renu Agarwal,J.
Matter is taken up. Learned counsel for the appellant is present along with learned A.G.A for the State.
The sole appellant- Anoop Kumar Gadariya is said to have died on two years ago as per report of Chief Judicial Magistrate, Balrampur dated 28.02.2023, which is on record and there has been no application moved by his legal heirs to continue the appeal regarding fine imposed on the said appellant for the offences in question in view of the Section 394(2) Cr.P.C. Moreover, the period of thirty days to approach this Court from the date of death of the appellant has also lapsed.
Hence the appeal stands dismissed as abated.
(Renu Agarwal,J.)
Order Date :- 13.7.2023 Nadeem
Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad, Lucknow Bench
Anoop Kumar Gadariya
The State Of U.P.
Renu Agarwal
As recorded by the court registry
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