The Allahabad High Court dismissed a criminal appeal and associated bail prayer as the appellant had died, and no application to continue the appeal by legal heirs was filed within thirty days of death under Cr.P.C. 394(2).
The appeal is dismissed as abated; the bail prayer is dismissed as infructuous.
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Neutral Citation No. - 2023:AHC-LKO:51546
Court No. - 29
Case :- CRIMINAL APPEAL No. - 770 of 2005
Appellant :- Rakesh Kumar Respondent :- State of U.P. Counsel for Appellant :- S.C.Tewari,Vivek Shrotria Counsel for Respondent :- Govt.Advocate
Hon'ble Mrs. Renu Agarwal,J.
None appears on behalf of the appellant to press the appeal. Learned Additional Government for the State-respondent is present
As per office report dated 22.03.2023, a compliance report of Chief Judicial Magistrate, Sitapur dated 29.10.2022 has been received which states that the sole appellant Rakesh Kumar has died 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 on behalf of the appellant Rakesh Kumar stands dismissed as abated.
In view of the aforesaid, the prayer for bail made on behalf of the appellant(since deceased) in the memo of appeal is dismissed as infructuous.
Order Date :- 4.8.2023 S. Shivhare
Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the criminal appeal filed by the appellant can be proceeded with upon his death within the statutory period.
Rakesh Kumar
State of U.P.
Renu Agarwal
Shashank Shivhare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
