In Criminal Appeal No.315 of 2017 by the State against an acquittal, this court allowed withdrawal of an interlocutory application seeking to bring legal heirs on record due to the respondent's death, and dismissed the appeal as abated.
I.A.no.1 of 2019 dismissed as withdrawn; Criminal Appeal No.315 of 2017 dismissed as abated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE RAKESH KUMAR
I.A.no.1 of 2019
In &
Criminal Appeal No.315 of 2017
COMMON JUDGMENT:
This Criminal Appeal has been listed under the caption ‘Interlocutory’ since in the present appeal, which has been filed by the State against the judgment of acquittal, an interlocutory application, vide I.A.no.1 of 2019 was filed.
Heard Sri Sriman , learned counsel appearing for the proposed respondents in I.A.no.1 of 2019 and Sri S.M.Subhani , learned standing counsel for ACB appearing for the appellant-State.
In the interlocutory application, it has been disclosed that during the pendency of the appeal, the sole respondent/accused died and as such a prayer was made to bring on record the legal heirs, who are petitioners/ proposed respondents 2 to 5. However, when the matter was taken up, learned counsel for the proposed respondents sought permission to withdraw the application. This prayer was made in the presence of Sri S.M.Subhani , learned Standing Counsel for ACB. The prayer is allowed. Accordingly, I.A.no.1 of 2019 stands dismissed as withdrawn.
Since the sole respondent/accused, who was acquitted, is no more and the legal heirs of the deceased appellant have also withdrawn their petition, there is no reason to keep the appeal pending.
Accordingly, the Criminal Appeal stands dismissed as abated against the sole respondent.
Miscellaneous petitions, if any pending, shall stand closed.
_______________ RAKESH KUMAR, J
26th February, 2020 Note:- Issue CC by 04.03.2020 (B/o) RAR
THE HON’BLE SRI JUSTICE RAKESH KUMAR
I.A.no.1 of 2019 In & Criminal Appeal No.315 of 2017
26.02.2020
RAR
State
Deceased Appellant
RAKESH KUMAR
As recorded by the court registry
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