Dismissed

Kalicharan Modi And Anr. v. State of Jharkhand

Jharkhand HC2 Jan 2019Cr.A(SJ)/394/2004

Case brief

AI extract

What is this about?

The court held that Criminal Appeal (SJ) No.394 of 2004 abated because the appellants died during pendency without legal heirs filing an application under section 394 Cr.P.C. within thirty days. The remaining appeal was listed for the next week.

What did the court decide?

Criminal Appeal(SJ) No.394 of 2004 dismissed as abated; Criminal Appeal(SJ) No.696 of 2004 listed.

Kalicharan Modi And Anr. Vs State of Jharkhand — Criminal Trial and Appeal | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Appeal (SJ) No.394 of 2004

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Kalicharan Modi, son of Shri Prahalad Rai Modi,

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resident of Barabandh Para.

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Ramji Modi, son of late Mulchand Modi

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resident of Marwari Chowk. … Appellants

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Versus The State of Jharkhand … Respondent with Cr. Appeal(SJ) No.696 of 2004 1. Ashok Kumar Modi @ Ashok Modi 2. Bimal Kumar Modi @ Vimal Modi ..... Appellants Versus The State of Jharkhand … Respondent

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CORAM: HON’BLE MR. JUSTICE KAILASH PRASAD DEO

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For the Appellants : Mr. Hemant Shikharwar, Advocate

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(In Cr. Appeal(SJ No.394 of 2004). : Mr. Vikash Kumar, Advocate. (In Cr. Appeal (SJ) No.696 of 2004)

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For the State : Mrs. Niki Sinha, Additional Public Prosecutor.

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(In Cr. Appeal(SJ No.394 of 2004). :Mrs. Vandana Bharti, Advocate. (In Cr. Appeal (SJ) No.696 of 2004)

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03/02.01.2019. When the matter has been taken up, learned counsel for the appellants Mr.

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Hemant Shikharwar has submitted, that in Criminal Appeal(SJ) No.394 of 2004, both appellants have died during the pendency of the appeal and to this effect he has already filed Supplementary Affidavit annexing death certificates, which are made as annexure 'A' and 'B'. It has been submitted at para-4 and para-5 of the supplementary affidavit that appellant no.1, Kalicharan Modi had died on 31.05.2013 and appellant no.2, Ramji Modi had died on 01.11.2010.

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No application has been filed by the legal heirs and relative of the deceased/appellants within 30 days of death of the appellants, as contemplated under section 394 Cr.P.C.

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Under the aforesaid circumstance, Criminal Appeal(SJ) No.394 of 2004 preferred by appellant no.1, Kalicharan Modi and appellant no.2, Ramji Modi stands dismissed, as abated.

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Accordingly, Criminal Appeal(SJ) No.394 of 2004 is dismissed as abated, so far

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the Criminal appeal(SJ) No.696 of 2004 is concerned, this case is to be listed in the next week.

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Learned counsel for the State Mrs. Vandana Bharti has no objection in this regard.

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(Kailash Prasad Deo, J.)

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Jay./-

Kalicharan Modi And Anr. v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kalicharan Modi And Anr. v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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