Court No. - 40
Case :- CRIMINAL APPEAL No. - 365 of 1983 Appellant :- Shankar And Others Respondent :- State of U.P.
Counsel for Appellant :- G.S. Chaturvedi,P.C. Chaturvedi,P.K. Tiwari,Satish Trivedi,Sheshadri Trivedi Counsel for Respondent :- Govt. Advocate
Hon'ble Manoj Misra,J. Hon'ble Sameer Jain,J.
This appeal was filed by five appellants namely, Shanker S/o Chahentey Lal; Khushali S/o Chhabi Ram; Dauli S/o Ram Lal; Dhan Singh S/o Jai Ram and Ganga Ram S/o Jai Ram.
By order dated 17.12.2015 the appeal of appellant no.3 namely, Dauli and appellant no.5 namely, Ganga Ram was declared abated consequent to the death report. Thereafter, by order dated 14.03.2016 the appeal of appellant no.2, namely, Khushali, was also abated consequent to the report that he does not survive. By order dated 23.11.2020 the Court directed for a fresh report with regard to living status of surviving appellant nos. 1 and 4 namely, Shanker and Dhan Singh.
Pursuant to the order dated 23.11.2020, the office has submitted a report dated 21.01.2021, 22.03.2021, 05.07.2021, 12.07.2021, 19.07.2021, 27.07.2021, 02.08.2021 and 04.09.2021 stating that vide report dated 01.01.2021 the Chief Judicial Magistrate, Bareilly (Flag M) has reported that appellant no.1 (Shanker) and the appellant no.4 (Dhan Singh) had already expired and, earlier, by report dated 07.12.2020 information to that effect was given but, by mistake, in the report criminal appeal number was mentioned as 395 of 1983 and, therefore, he has providing a fresh report to that effect.
In view of the above, as all the five appellants have since died, the entire appeal stands abated.
Let the record be consigned.
Order Date :- 25.10.2021 AK Pandey