The High Court of Jharkhand treated criminal revision proceedings as abated because the sole petitioner expired and the wife declined to contest. Records were remitted to realize the fine amount.
Proceedings treated as abated; records remitted to lower court for realization of fine.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 460 of 2012
Chudka Soren @ Churka Soren son of Chhotu Soren resident of Kanadih , P.O. & P.S.- Dumri, Distt.- Giridih
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
Through Video Conferencing
05 /01.10.2021 Learned counsel for the original petitioner Mr. S. K. Murtty is present. He submits that the sole petitioner has expired.
2. This criminal revision petition is directed against the judgement dated 20.04.2012 passed by learned Principal Sessions Judge, Giridih in Cr. Appeal No. 01 of 2012 whereby the learned appellate court has dismissed the appeal with modification in sentence. The said criminal appeal was filed by the petitioner against judgement dated 09.12.2011 passed by the learned Judicial Magistrate, 1st Class, Giridih in G.R. Case No. 2584/2010 (T.R. No. 2587 of 2011) arising out of Giridih (M) P.S. Case No. 365 of 2010.
3. Learned counsel for the opposite party- State Mrs. Niki Sinha submits that the sole petitioner has expired and the same has been verified. She further submits that pursuant to the order dated 19.08.2021, notice was issued to the wife of the sole petitioner so that she may take appropriate steps in the present case, if she chooses to contest, as fine amount of Rs. 1000/- is also involved in this case. She submits that an affidavit has been filed wherein it has been mentioned that the wife of the petitioner has expressed that she does not want to contest the present case. The wife of the deceased petitioner had also sworn one affidavit before the learned court below which has been filed along with affidavit dated 07.09.2021 filed by the State. She
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submits that as the wife of the petitioner does not want to contest, therefore, the present proceedings may be treated as abated and the learned court below may proceed as per law.
4. Considering the aforesaid submissions and the fact that the sole petitioner has expired, the present proceedings is treated as abated. The learned court below shall proceed as per law for realization of the fine amount.
5. Let the records be sent back to the court concerned.
6. Pending interlocutory application , if any , is dismissed as not pressed.
7. Let a copy of this order be communicated to the learned court below through ‘FAX/email’.
Pankaj
1 issue framed by the court
Liaison in a criminal revision petition where the sole petitioner has expired and the wife of the deceased petitioner has declined to contest the case on behalf of the deceased manual.
Chudka Soren @ Churka Soren
State
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
