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2025 DAILYLAW 117129 (ALL)

CHANDRA KISHORE KHATRI v. STATE THRU. C.B.I. / A.C.B. LUCKNOW

CRLA/339/2019 · 2025-01-21

Rajesh Singh Chauhan

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3736 Court No. - 11 Case :- CRIMINAL APPEAL No. - 339 of 2019 Appellant :- Chandra Kishore Khatri Respondent :- State Thru. C.B.I. / A.C.B. Lucknow Counsel for Appellant :- Nandit Kumar Srivastava Counsel for Respondent :- Bireshwar Nath,Shiv P. Shukla Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the appellant and learned counsel for the C.B.I. 2. Learned counsel for the appellant has stated that appellant- Chandra Kishore Khatri had died during pendency of this appeal, therefore, this criminal appeal is abated. 3. This Court has passed order dated 18.01.2024, which reads as under:- "1. Heard Shri Nandit Kumar Srivastava, learned Senior Advocate assisted by Ms. Divya Tiwari, counsel for the appellant as well as Shri Shiv P. Shukla, learned counsel appearing for C.B.I. and perused the record. 2. Having regard to the report submitted by the Chief Judicial Magistrate, Lucknow, he is directed to submit a report, which would be received from the end of Chief Metropolitan Magistrate, North West, Delhi, Rohini. A communication in this regard be sent to the Chief Judicial Magistrate, Lucknow, forthwith. 3. List this case on 30.01.2024." 4. In compliance of the aforesaid order, learned Chief Judicial Magistrate, Lucknow requested the Chief Metropolitan Magistrate, North-West, Rohini Courts, Delhi, who in turn submitted report to the effect that appellant- Chandra Kishore Khatri, son of Late Shri Murlidhar Khatri had died on 28.01.2023. Report of the Chief Judicial Magistrate, Lucknow dated 20.02.2024 is on record. 5. Accordingly, this criminal appeal is dismissed as abated so far as appellant- Chandra Kishore Khatri is concerned. 6. Consigned to record. [Rajesh Singh Chauhan,J.] Order Date :- 21.1.2025 /RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench