The High Court dismissed the criminal appeal as abated because both appellants had died, based on a report from the Chief Judicial Magistrate.
Criminal Appeal No. 2263 of 2008 dismissed as abated due to death of appellants.
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Neutral Citation No. - 2024:AHC-LKO:74904
Court No. - 12
Case :- CRIMINAL APPEAL No. - 2263 of 2008
Appellant :- Janak Kumar @ Jankoo Respondent :- State of U.P. Counsel for Appellant :- I.K. Misra,Suneel Kumar Shukla Counsel for Respondent :- Govt. Advocate
Hon'ble Saurabh Lavania,J.
As per report/letter No. /3B/2024/C.J.M. Hardoi dated 30.08.2024 sent from the office of Chief Judicial Magistrate, Hardoi, it is apparent that the appellants namely Janak Kumar @ Jankoo and Rajeshwar have died. The report reads as under:-
"Kindly refer to the above mentioned case, in respect of which a letter has been issued by your goodself to ensure the service of notice on Appellant no.1 Janak Kumar @ Jankoo s/o Sri Krishna Shukla r/o village Akhanapur, P.S Kotwali city, District Hardoi and Appellant no.2 Rajeshwar s/o Ram Sewak R/o Village Dateli P.S Sandi, District Hardoi.
The undersigned has issued the required process. As per report of concerned P.S, both the Appellants have been died.
The above compliance report is being sent to your goodself, for kind perusal to the Hon'ble Court."
In view of the aforesaid, the instant appeal filed by the appellants namely Janak Kumar @ Jankoo and Rajeshwar is hereby dismissed as abated.
Order Date :- 13.11.2024 Arun/-
Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench
Janak Kumar @ Jankoo
Rajeshwar
State of U.P.
Saurabh Lavania
Arun Kumar Gangwar
As recorded by the court registry
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