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2025 DAILYLAW 21093 (JHR)

THAKUR GAJENDRA SINGH v. CENTRAL BUREAU OF INVESTIGATIO

Cr.A(SJ)/35/2006 · 2025-02-27

Navneet Kumar

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Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No.35 of 2006 Thakur Gajendra Singh, S/o Late Jagdish Singh, resident of Jairampur Colliery, Lodna Area-X, P.S. Lodhna, BCCL, Dhanbad ..... Appellant Versus Central Bureau of Investigation …. Respondents CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Appellant : Mr. P.P.N. Roy, Sr. Advocate Ms. Pragati Prasad, Advocate For the CBI : Mr. Anil Kumar, Addl. SGI ----- 2/27.02.2025 Heard learned Senior counsel Mr. P.P.N. Roy, appearing on behalf of the appellant and learned Addl. SGI Mr. Anil Kumar appearing on behalf of the CBI. 2. Pursuant to the previous order dated 11.11.2024, a notice was directed to be issued upon the appellant through the learned trial court to ascertain the whereabouts of the appellant. 3. The report from the Special Judge, CBI (Parent Court)-cum-Additional Sessions Judge-I, Dhanbad dated 6.12.2024 has been received, by which it appears that the sole appellant Thakur Gajendra Singh has died on 19.9.2021 and verification report has been submitted by Sri Saurav Dubey, constable and the copy of the death certificate of the appellant is also enclosed from the said report. 4. From the aforesaid report, it is found that the sole appellant Thakur Gajendra Singh has died on 19.9.2021 and a photocopy of the death certificate, a verification report of Sri Saurab Dubey, Constable, CBI, Dhanbad has also been enclosed, by which it appears that he died in the Park Hospital Gurgaom. 5. In view of the aforesaid facts, it appears that after the death of the sole appellant Thakur Gajendra Singh, none has come forward to continue with this appeal. 6. The learned senior counsel appearing on behalf of the appellant has also submitted that he has no instruction from the appellant nor he has any knowledge about his whereabouts and in view of the report received from the Special Judge- CBI-cum-Additional Sessions Judge-III, Dhanbad, a suitable order for abatement of the appeal may be passed. 7. Learned Addl. SGI Mr. Anil Kumar, appearing on behalf of the CBI also submitted that in view of the report received from the Special Judge CBI-cum- Additional Sessions Judge-III, Dhanbad, let an appropriate order for abatement of the appeal may be passed. 8. In view of the fact that neither any close relative, kith or kin or any friend or legal heirs come forward to continue with this appeal within the meaning of Section 394 of the CrPC and several thirty days have elapsed from the date of death of appellant and in view of the submissions advanced on behalf of the parties, this appeal gets abated. 9. Accordingly, this appeal is disposed of as abated. (Navneet Kumar, J.) R.Kumar 2 Cr. Appeal (SJ) No.35 of 2006