The Criminal Appeal stands dismissed as the sole appellant died before filing the application to continue the appeal. The statutory period to approach the Court from the date of death had lapsed, rendering the appeal abated.
Criminal Appeal No. 1879 of 2007 dismissed as abated.
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Neutral Citation No. - 2023:AHC-LKO:45507
Court No. - 29
Case :- CRIMINAL APPEAL No. - 1879 of 2007
Appellant :- Bhagauti Prasad Respondent :- State of U.P. Counsel for Appellant :- Rishad Murtaza,A.P. Mishra Counsel for Respondent :- G.A,Rakesh Kumar Awasthi
Hon'ble Mrs. Renu Agarwal,J.
Matter is taken up. None appeared on behalf of the appellant to press this appeal. Shri Vabhav Saxena, learned counsel holding brief of Shri S.M.Singh Royekwar, learned counsel for Union of India is present.
The sole appellant- Bhagauti Prasad is said to have died on 11.06.2010 as per report of Chief Judicial Magistrate, Barabanki dated 23.03.2023 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
1 provisions across 1 enactments
Bhagauti Prasad
State of U.P.
Renu Agarwal
As recorded by the court registry
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