Court No. - 50
Case :- GOVERNMENT APPEAL No. - 2581 of 1985 Appellant :- State of U.P. Respondent :- Rafiqui Ahmad Counsel for Appellant :- A.G.A.
Counsel for Respondent :- Anand Kumar Tiwari
Hon'ble Arvind Kumar Mishra-I,J. Hon'ble Naveen Srivastava,J.
Case called out in the revised list. No one appears on behalf of the accused-respondent to press this appeal. However, learned A.G.A. for the appellant-State is present.
This Government Appeal is directed against the judgment and order impugned of acquittal dated 01.06.1985, passed by VIIth Additional Sessions Judge, Bareilly in Sessions Trial No.200 of 1984 (State Vs. Rafiq & Another) against the acquittal orders of respondents Rafiq and Mohd. Haneef, under sections -307/34 I.P.C. and 323/34 I.P.C., Police Station - Baheri, District- Bareilly.
From perusal of the report of Chief Judicial Magistrate, Bareilly, dated 18th September, 2017, which is on record of this appeal, it transpires that accused-respondent no.2- Mohd. Hanif @ Munney in this appeal has died about four years ago.
Accused-respondent no.1- Rafique Ahmad is reported to have died and this appeal has already been dismissed as abated qua no.1- Rafique Ahmad by a co-ordinate Bench of this Court vide order dated 19.11.2013.
Learned A.G.A. has submitted that in view of report of Chief Judicial Magistrate, Bareilly, this appeal is liable to be abated.
In view of the submission made by learned A.G.A. and on perusal of the recitals contained in report of Chief Judicial Magistrate, Bareilly, this appeal is dismissed as abated.
Order Date :- 24.9.2021 S Rawat