Chief Justice's Court
Case :- CRIMINAL APPEAL No. - 2368 of 1983 Appellant :- Sri Chand And Anothers Respondent :- State Counsel for Appellant :- A.D. Giri Counsel for Respondent :- A.G.A.
Hon'ble Govind Mathur,Chief Justice Hon'ble Dr. Yogendra Kumar Srivastava,J.
In pursuance of the order dated 13th of September, 2018 the Chief Judicial Magistrate, Ghaziabad under a communication dated 11th of October, 2018 has submitted a detailed report pertaining to whereabouts of the appellants Sri Chand and Ramay.
As per the communication sent by the Chief Judicial Magistrate, the Incharge Inscpector, Police Station- Badalpur, District- Gautam Budh Nagar submitted reports dated 09.10.2018 and 11.10.2018 in terms of which Sri Chand son of Musey has died on 19.11.1998. A photocopy of the death certificate has been filed and the factum about death of accused-appellant Sri Chand has also been verified by Sri Mahipal Singh, Sub-Inspector, Police Station- Badalpur, Gautam Budh Nagar after ascertaining the same from the family members of the accused-appellant. The statement of Mahipal Singh too was recorded by the Chief Judicial Magistrate on 11th of October, 2018. The statement so recorded is also annexed with the report submitted. The report is also about Sri Ramay (accused-appellant no. 2) and as per the report he died on 30th of December, 2000. A copy of family register and death certificate issued by village Pradhan and the statement of family members and other witnesses including Sri Mahipal Singh, Sub-Inspector, Police Station- Badalpur, District- Gautam Budh Nagar are also placed on record.
In view of the detailed report given by the Chief Judicial Report, Gautam Budh Nagar the instant appeal preferred on behalf of Sri Chand and Sri Ramay stands abated.
Accordingly the appeal is dismissed as having abated. The report submitted by the Chief Judicial Magistrate alongwith all documents is taken on record and same be treated as a part of the record of the appeal.
Order Date :- 26.11.2018 Rohit (Dr. Y.K. Srivastava, J.) (Govind Mathur, C.J.)