HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1781 of 2018 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. Case called out in the revised call. 2. No one appears on behalf of the appellant to press this appeal despite the fact that three learned counsels appeared on his behalf. 3. On 02.02.2026 the following order was passed by this Court:- "1. List revised. 2. No one appears on behalf of the appellant to press this appeal despite the fact that there are three learned counsels appearing in the matter. Sri Ramesh Shukla, learned counsel for the State is present. 3. On 15.12.2025 the following order was passed by this Court:- "1. List revised. 2. No one appears on behalf of the appellant to press this appeal despite the fact that there are three learned counsels appearing in the matter. Sri Birendra Pratap Singh, learned A.G.A. for the State is present. Perused the records. 3. Records of the matter show that on 16.09.2025 the following order was passed by this Court:- "1. List revised. No one appears on behalf of the appellant to press this appeal and Versus Counsel for Appellant(s) : Ajay Kumar Pathak, Rajesh Yadav, Satish Solanki Counsel for Respondent(s) : G.A. Dilip .....Appellant(s) State of U.P. .....Respondent(s) even application for modification dated 3.1.2023 for modification of the order dated 31.3.2022 of this Court. An application dated 30.10.2023 has also been filed with the prayer to suspend the effect and operation of the impugned order of sentence dated 27.2.2018 which is also pending. No one is present even to press the same. 2. The paper book of the matter is ready. The matter is listed under the heading "Convict in Custody" as reported by the office in it's report dated 8.6.2023. 3. Learned counsel for the State submits that he is ready for final arguments in the matter. Since there is none to press the modification application and also application of suspension of sentence despite three learned counsels appearing in the matter and it is reported that the accused is in custody, let an intimation be sent to the accused- appellant Dilip through C.J.M. concerned informing about the same and also asking him as to whether he is interested in the matter to be decided through an Amicus- Curiae who shall be appointed from the Panel Lawyers of the High Court Legal Services Committee. The C.J.M. concerned shall send it's report and shall do the needful within two weeks. 4. Let the matter be listed on 14.10.2025 along with connected matter. 5. Registrar (Compliance) to send this order to the court concerned within two days for necessary information and its compliance." 4. Subsequently since the report of the concerned Chief Judicial Magistrate was not received, on 14.10.2025 the following order was passed: "1. List revised. 2. No one appears on behalf of the appellant to press this appeal despite the fact that there are three learned counsels appearing in the matter. Sri Ajay Singh, learned A.G.A.-I for State for the State is present. 3. Vide order dated 16.09.2025 this Court had directed that an intimation be sent to the accused-appellant through the C.J.M. concerned informing him that his counsels are not appearing in the matter and whether he is interested in the matter to be decided through Amicus Curiae who shall be appointed from the Panel Lawyers of the High Court Legal Services Committee. The C.J.M. was called upon to send its report within two weeks. CRLA No. 1781 of 2018 2 4. As per the office report dated 16.09.2025 the order dated 16.09.2025 has been sent to the C.J.M., Budaun for necessary compliance but there is no report further regarding the compliance report being received from the C.J.M. concerned. 5. Office to send a reminder to the Chief Judicial Magistrate concerned to send a compliance report forthwith. 6. The present matter is listed in the category 'Convicts in Custody'. 7. Office to look into the same as the records show that the appellant was granted bail vide order dated 31.03.2022 and list the matter in the correct & proper heading. 8. Let the matter be listed on 30.10.2025 along with the connected matter." 5. It was reported that the accused/appellant is residing in Mahamaya Nagar (Hathras) and thus the said order was communicated to Chief Judicial Magistrate, Mahamaya Nagar (Hathras) for its compliance. On 07.11.2024 the following order was passed:- "1. List revised. 2. No one appears on behalf of the appellant to press this appeal even in the revised list. 3. Sri Ajay Singh, learned A.G.A.-I for the State is present. Perused the record. 4. A report dated 19.9.2025 of C.J.M., Budaun has been placed on record which states that notice to the accused/appellant in compliance of the order dated 16.9.2025 of this Court has been forwarded to C.J.M., District Mahamaya Nagar (Hathras) as the accused resides within the said jurisdiction. There is no report placed on record of C.J.M., Mahamaya Nagar (Hathras). 5. Office to send a reminder to the C.J.M. concerned for needful forthwith. Report be sent within two weeks. 6. List on 28.11.2025 along with connected matter." 6. Office through its report dated 17.11.2025 has placed on record the report of CRLA No. 1781 of 2018 3 C.J.M., Budaun, through its report dated 19.11.2025 has placed on record the report of C.J.M., Hathras and through its report dated 09.12.2025 has placed on record the report of C.J.M., Budaun. All the said report have been marked as Flag- "X". The first referred report of C.J.M., Budaun is dated 13.11.2025 which states that for compliance of the order dated 07.11.2025 of this Court, C.J.M., Mahamaya Nagar (Hathras) has been communicated since the accused resides in the said district. Further the report in pursuance to office report dated 19.11.2025 is of C.J.M, Mahamaya Nagar (Hathras) which is dated 17.11.2025 which states that the accused/appellant appeared before the said court on service of notice and his statement was recorded. The said statement has been annexed with the said report. A police report dated 09.10.2025 is also annexed which shows that notice has been served on the accused after his search. C.J.M., Hathras recorded the statement of the accused/appellant on 17.11.2025 in which he states he has served out the entire sentence as awarded to him by the trial court and also deposited the fine as imposed on him and thus he does not want to press this appeal. He further states that he does not want to avail the benefit of Amicus Curiae in the appeal and the appeal be disposed of. The said order reads as under:- ""बयान अपीलांट िदलीप कु मार पु्ऴ ्ऺथम िसह, उ्ा 35 वषर्, िनवासी ग़ाी तमन्ना, थाना हाथरस गेट, िजला हाथरस, ने सशपथ िकया िक- मेरे ्षारा जिरये अिधव्वा माननीय उच्च न्यायालय, इलाहाबाद में अपील संख्या 1781/2018, िदलीप बनाम उ०्ऺ० राज्य एवं अन्य दायर की गई थी। माननीय उच्च न्यायालय ्षारा ्ऺेिषत नोिटस मुझे ्ऺाप्त हुई। चूंिक मेरे ्षारा उ्व मुकदमें में न्यायालय ्षारा िदये गये दंड को मैं पूणर् कर चुका चुका हूं तथा अिधरोिपत अथर्दंड का भुगतान कर चुका हूं। मैं उ्व अपील पर बल नहीं देना चाहता हूं। न्याय िम्ऴ ( Amicus Curiae) के माध्यम से उ्व ्ऺकरण का िनस्तारण कराने हेतु मेरी रूची नहीं है। अतः उ्व अपील को िनस्तािरत कर िदया जाये।" 7. Thus the fact which transpires is that the accused/appellant does not want to press this appeal as he has served out the entire sentence awarded by the trial court and also deposited the fine as imposed on him. At this stage it wold be relevant to probe as to why the accused/appellant remained in jail and was not released from jail despite he being granted bail in this appeal vide order dated 31.3.2022 by this Court. C.J.M., Budaun shall send a report to this Court as to whether the appellant/accused has served out the entire sentence as awarded to him and deposited the fine and further whether he had been released on bail in compliance of the order dated 31.3.2022 of this Court. Perusal of the said order would go to show that realization of fine was not stayed by this Court. If he had been released on bail then question of his undergoing sentence as awarded to him would be needed to be further probed. 8. Let the matter be listed on 22.01.2026 along with connected matters and with the said report of C.J.M. concerned. CRLA No. 1781 of 2018 4 9. Registrar (Compliance) to communicate this order to the C.J.M., Budaun for necessary action forthwith." 4. The office through its report dated 21.01.2026 has placed on record a report received from the In-charge Chief Judicial Magistrate, Budaun, a perusal of which goes to show that through report dated 12.01.2026 it is reported that the appellant has deposited the fine imposed on him on 28.08.2025 and after serving out the entire sentence as awarded to him has been released on 09.10.2025. He although was granted bail but he did not file bail bonds and thus was not released from jail. 5. Thus awaiting response from the side of the appellant, as a last opportunity the matter is adjourned for today. 6. Let the matter be listed on 09.03.2026 peremptorily along with the connected matter." 4. As per the office report dated 27.02.2026, C.J.M. Hathras has reported that notice has been served on the appellant through secondary and a detailed report has been placed by the office on record which is Flag- A. This Court has perused the report dated 06.01.2026 submitted by the C.J.M., Hathras, which states the same. The report dated 05.01.2026 of Police Station- Hathras Gate, District Hathras to the said effect that notice has been served on Prem Singh, brother of the appellant and has also been enclosed with it. 5. Further the office through its report dated 27.02.2026 has placed on record a compliance report of Court's order dated 15.12.2025 as Flag-B, a perusal of which goes to show that the in-charge Chief Judicial Magistrate vide his report dated 12.01.2026, has reported that although, the appellant was granted bail in the matter but he did not file the bail bonds and sureties and later on, he deposited the fine imposed by the trial court and served out the entire sentence awarded by the trial court and has been released from jail on 09.10.2025. 6. 6. On serving notice on the appellant and calling upon his willingness as to whether he intended to be defended by the learned amicus curiae, he had stated that he does not want to avail the benefit of amicus curiae in the appeal and does not want to press the appeal and his appeal be decided. The said fact has been mentioned by this Court in the order dated 15.12.2025 also. CRLA No. 1781 of 2018 5 7. The trial court records have been received and the paper book of the matter is ready. This appeal has been nominated to this Bench vide order dated 07.09.2025 of Hon'ble the Chief Justice. 8. Since, the accused has served out the sentence awarded to him and also deposited the fine as imposed upon him by the trial court and further he states before the court concerned in response to an order of this Court that he does not want to press this appeal and the appeal be thus decided coupled with the fact that the appellant also states that he does not want to avail the benefit of learned amicus curiae in the matter, the appeal is dismissed as not pressed. 9. The matter is consigned to records. 10. Office to communicate this order to the trial court concerned along with the trial court records forth with. May 12, 2026 Nisha CRLA No. 1781 of 2018 6 (Samit Gopal,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad