Allahabad High Court
Ram Kishroe Pathak vs State Of U.P. on 20 October, 2020
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- CRIMINAL APPEAL No. - 385 of 1988 Appellant :- Ram Kishroe Pathak Respondent :- State of U.P. Counsel for Appellant :- Madhur Prakash Counsel for Respondent :- A.G.A. Hon'ble Dinesh Pathak,J.
List has been revised. No one has appeared on behalf of the appellant. Sri Nitin Kesarwani, learned A.G.A. is present.
Instant appeal has been preferred by the appellant against the judgement and order dated5.2.1988 passed by Special Judge, Basti in Special Case No. 55 of 1986, convicting the appellant under Section 3/7 of the Essential Commodities Act and sentencing him to undergo one year rigorous imprisonment and imposing a fine of Rs.500/-.
Vide order dated 18.2.1988 the present appeal was admitted and notices were directed to be issued. Simultaneously, the appellant was granted bail.
In pursuance of the directions issued by this Court, the Chief Judicial Magistrate, Basti has submitted a report dated 17.12.2018 informing that the sole appellant had died in the year 1995. To verify the factum of death of the appellant, he has recorded the statement of Ram Asrey (Sub Inspector), Raj Karan Pathak and Satya Parayan Pathak, both family members of the deceased. Along with the report, he has appended the report of the concerned Police Station, statements of the family members of the deceased and the death certificate issued by the Chairman, Nagar Panchayat.
From the report submitted by the Chief Judicial Magistrate, it is evident that the appellant had already died. Therefore,no useful purpose will be served to keep the matter pending and the Court has no option but to dismiss the appeal as abated.
Accordingly, the appeal is dismissed as abated.
Order Date :- 20.10.2020 nd