The High Court of Rajasthan dismissed the criminal appeal as abated because the appellant had expired on 23.4.2017, as confirmed by the police report and death certificate submitted during the appeal's pendency.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 267 / 2013
Narendra Singh Shekhawat
----Appellant
Versus
State Of Rajasthan Through Pp
----Respondent
For Appellant(s) : None present
For Respondent(s) : Mr. Prakash Thakuriya PP
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order
09/02/2018
Narendra Singh Shekhawat appellant herein has filed the present appeal to assail his conviction and sentence recorded by the court of Special Judge, NDPS Cases, Jaipur.
This Court on 16.1.2018 passed the following order:-
“The learned counsel appearing for the accused-appellant has submitted that during pendency of the present appeal, the appellant has expired.
The Station House Officer, Shashtri Nagar, Jaipur is directed to file an affidavit regarding the factum of death of appellant.
List present matter on 24.01.2018.
Let a copy of this order, under the seal and signature of the Court Master, be handed over to the learned Public Prosecutor appearing for the State, for onward transmission and necessary compliance.”
In pursuance of above order, the learned Public Prosecutor on instructions from Badri Prasad, Sub Inspector, Police Station Shashtri Nagar, Jaipur has submitted report received by
(2 of 2)
[CRLA-267/2013]
him. The report dated 1124 dated 31.1.2018 is taken on record.
As per the said report, the appellant Narendra Singh Shekhawat son of Heer Singh Shekhawat has expired on 23.4.2017. Alongwith report, Death Certificate is also attached.
In view of the report submitted and the statement made by the learned public prosecutor, on instructions from Badri Prasad, Sub Inspector, Police Station Shashtri Nagar, Jaipur, the present appeal is dismissed as having abated.
(KANWALJIT SINGH AHLUWALIA)J.
Mak/-
Narendra Singh Shekhawat
State Of Rajasthan Through PP
Kanwalsingh Ahluwalia
As recorded by the court registry
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