The court dismissed the criminal appeal as abated due to the appellant's death in 2017, noting the lapse of the statutory period to continue the appeal by legal heirs.
The instant appeal on behalf of the appellant Beni Madhav Singh stands dismissed as abated.
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Court No. - 29
Case :- CRIMINAL APPEAL No. - 1386 of 2005
Appellant :- Beni Madhav Singh Respondent :- State of U.P. Counsel for Appellant :- D.K. Dikshit Counsel for Respondent :- Govt. Advocate
Hon'ble Mrs. Renu Agarwal,J.
None appeared on behalf of the appellant.
Learned AGA for the State is present.
It transpires from the office report dated 28.03.2023, based on the report of CJM, Unnao dated 01.12.2022, the sole appellant Beni Madhav Singh has expired on 08.12.2017 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 instant appeal on behalf of the appellant Beni Madhav Singh stands dismissed as abated.
(Renu Agarwal,J.)
Order Date :- 5.7.2023
Karan
Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Beni Madhav Singh
State of U.P.
Renu Agarwal
As recorded by the court registry
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