Criminal appeal application under Section 378 CrPC could not proceed as respondent no.2 had died and no substitution application was moved despite time granted. The court held the petition stood abated and dismissed it.
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Neutral Citation No. - 2025:AHC-LKO:30668
Court No. - 11
Case :- APPLICATION U/S 378 DEFECTIVE No. - 41 of 2025
Applicant :- Rohit Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhanshu Asthana,Syed Arif Abbas
Counsel for Opposite Party :- G.A.
Hon'ble Rajnish Kumar,J.
As per office report, respondent no.2- Vishnu Prasad Tripathi had died. Though, learned counsel for the applicant had sought time on previous date for moving an application for substitution, however, he fairly states that the same could not be moved.
In view of the above, the petition stands abated and is dismissed accordingly.
Consign to record.
(Rajnish Kumar,J.)
Order Date :- 22.5.2025 dk/
Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Rohit Singh
State of U.P.
Vishnu Prasad Tripathi
Rajnish Kumar
As recorded by the court registry
4 orders share this CNR
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