The High Court of JharkHAND disposed of two criminal appeals as abated because the appellants, Naresh Khatic and Nar Bahadur, had expired, and no close relatives appeared to continue the proceedings.
Both criminal appeals were disposed of as abated due to the death of the appellants with no close relative to continue the proceedings.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No.1536 of 2004 ..... Naresh Khatic @ Majhia Appellant
With Cr. (Jail)Appeal No.1798 of 2004
Nar Bahadur ..... Appellant Versus The State of Jharkhand …. Respondent (In both appeals)
CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. Shekhar Pd. Sinha, Advocate For the State : Mrs. Vandana Bharti, APP -----
4/22.02.2022 The case was heard through video conferencing. None of the parties found any flaws with audibility/visibility during the course of hearing the matter.
Learned counsel Mr. Shekhar Pd. Sinha is appearing on behalf of the appellant in Cr. Appeal (SJ) No.1536 of 2004. Nobody appears for the appellant in Cr. (Jail) Appeal No.1798 of 2004. Learned counsel for the State is present.
Pursuant to the previous order, it appears that the notice was sent to both the appellants in their respective appeals to ascertain their whereabouts, existence and for appearance of the appellants in their respective appeals and the report has been received from the Court of District and Additional Sessions Judge-1st Cum Spl. Judge, Children’s Court, Dhanbad vide his letter No.73 of 2022 dated 25th January 2022.
From perusal of the report, it appears that Nirsa police station has duly informed that the sole appellant Naresh Khatic @ Majhia of Cr. Appeal (SJ) No.1536 of 2004 has expired as far back on 20.06.2012 and in support of this fact, death certificate has also enclosed with the said report and from perusal of the said death certificate it also appears that the sole appellant Naresh Khatic @ Majhia of Cr. Appeal (SJ) No.1536 of 2004 has expired on 20.06.2012 and thereafter no close relative of the said deceased appellant has come forward to continue with this appeal on his behalf.
Learned Counsel Mr. Shekhar Prasad Sinha appearing on behalf of this appellant is present and submitted that in view of the facts as per the report received from the Court of District and Additional Sessions Judge-1st Cum Spl. Judge, Children’s Court, Dhanbad, let this appeal be abated with respect to the deceased appellant.
Learned APP appearing on behalf of the State also submitted that as per the report received; let this appeal be abated with respect to the deceased appellant.
Further it is found from the said report that the sole appellant Nar Bahadur of Cr. (Jail) Appeal No.1798 of 2004 has also expired three years back and all his family members have left the place of residence and the Mukhia of the Gram Panchayat , Damodarpur, Dhanbad has given a certificate to that effect that the sole appellant Nar Bahadur had died three years back and the said certificate of Mukhia is also part of the said report.
Nobody appears on behalf the appellant Nar Bahadur.
Learned APP submitted that in view of the said report, let this appeal being Cr.(Jail) Appeal No.1798 of 2004 be also abated as no close relative of the deceased appellant Nar Bahadur has come forward to continue with this appeal.
Having taken into consideration the aforesaid facts, both the aforesaid appeals being Cr. Appeal (SJ) No.1536 of 2004 and Cr. (Jail)Appeal No.1798 of 2004 are disposed of as abated.
(Navneet Kumar, J.)
R.Kumar
Naresh Khatic @ Majhia
Nar Bahadur
The State of Jharkhand
Navneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
