This single-judge order dismisses a criminal appeal abated on account of the appellant's death in 2015. The court held that no application by legal heirs was filed under Section 394(2) Cr.P.C. and the limitation period lapsed.
Appeal dismissed as abated.
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Court No. - 29
Case :- CRIMINAL APPEAL No. - 440 of 1997
Appellant :- Ram Autar Respondent :- Union of India Counsel for Appellant :- Rahul Dubey Counsel for Respondent :- Govt. Advocate,Sm Singh Royekwar
Hon'ble Mrs. Renu Agarwal,J.
None appeared on behalf of the appellant.
Learned counsel for the Union of India, Mr. S.M. Singh Royekwar has sent illness slip.
It transpires from the office report dated 19.07.2023, based on the report of CJM, Lucknow dated 19.07.2023, that the sole appellant Ram Autar has expired on 13.10.2015 and the death report is also annexed with the report of CJM, Lucknow dated 19.07.2023 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 Ram Autar stands dismissed as abated.
(Renu Agarwal,J.)
Order Date :- 20.7.2023 Karan
Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad, Lucknow Bench
Ram Autar
Union of India
Renu Agarwal
Kumar Karan Rao
As recorded by the court registry
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