The court held that the sole appellant Ram Asarey died on 05.05.2021 without legal heirs applying to continue the appeal. Due to the lapse of the 30-day period post-death, the criminal appeal was dismissed as abated.
The criminal appeal is dismissed as the appellant has died and no application for continuation was filed within the statutory period of thirty days.
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Court No. - 29
Case :- CRIMINAL APPEAL No. - 905 of 2005
Appellant :- Ram Asarey Respondent :- State of U.P. Counsel for Appellant :- Pankaj Gupta,Anurag Shukla Counsel for Respondent :- Govt.Advocate
Hon'ble Mrs. Renu Agarwal,J.
Mr. Arpit Verma, advocate holding brief of Mr. Anurag Shukla, learned counsel for the appellant has submitted that the sole appellant-Ram Asarey has died.
Learned AGA for the State is present.
As per Office Report dated 01.07.2023, a compliance report of Chief Judicial Magistrate, Hardoi dated 13.05.2023 has been received which states that the sole appellant-Ram Asarey has died on 05.05.2021 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 Asarey stands dismissed as abated.
(Renu Agarwal,J.)
Order Date :- 3.7.2023
Karan
Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad, Lucknow Bench
Ram Asarey
State of U.P.
Renu Agarwal
As recorded by the court registry
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