This single-bench order dismisses a criminal miscellaneous petition filed under Cr. M.P. No. 989 of 2003 for quashing criminal proceedings against the petitioner. The court accepts the submission that the petitioner expired during pendency.
The criminal miscellaneous petition was dismissed as abated due to the death of the petitioner.
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.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 989 of 2003
Prafulla Ranjan Sinha … … Petitioner
Versus
State of Jharkhand through the C.B.I.
… … Opposite Party
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --For the Petitioner : Mr. Amit Kumar Das, Advocate : For the Opp. Party ---
16 /06.01.2020 This petition has been filed for quashing the entire criminal proceedings initiated against the petitioner in connection with RC 10(A)/94(D) and/or the order dated 11.10.2001 of Special Judge, CBI, Dhanbad, whereby and whereunder cognizance for an offence under Section 120-B, 420 and 477A of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 has been taken against the petitioner and all subsequent proceedings thereto in the said RC 10(A)/94(D), which is said to be pending in the court of learned Special Judge, CBI, Dhanbad.
2. Learned counsel for the petitioner, at the outset, submits that the petitioner has expired during the pendency of this case and accordingly, the present petition has abated.
3. Considering the submissions made, this criminal miscellaneous petition is dismissed as abated.
4. Pending interlocutory application, if any, is dismissed as not pressed.
5. Let a copy of this order be communicated to the learned court below through “FAX”.
(Anubha Rawat Choudhary, J.)
Pankaj
2 issues framed by the court
Whether a criminal petition filed for quashing proceedings abates upon the death of the petitioner during pendency.
Whether the failure or death of the petitioner renders the petition inoperative.
2 provisions across 2 enactments
Prafulla Ranjan Sinha
State of Jharkhand
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
