[2025:RJ-JP:10458] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal No. 358/2018 State Of Rajasthan ----Appellant Versus Phool Chand Nitharwal S/o Ram Pratap, R/o Dhani Teela Ki Wali Reeng Distt. Sikar, At Present Sub Inspector Of Police, the then S.H.O. Police Station Malsisar Distt. Jhunjhunu. ----Respondent For Appellant : Mr. Rishiraj Singh Rathore, PP For Respondent : Mr. Devendra Singh Shekhawat, Adv. on behalf of Mr. Ripu Daman Singh Naruka, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 07/03/2025 1. This criminal appeal has been filed under Section 378(i)(iii) of Cr.P.C. challenging the judgment and order dated 21.1.2017 passed by the Special Judge, Sessions Court, Prevention of Anti Corruption Act No.1, Jaipur (hereinafter referred to as the ‘Sessions Court’) in Sessions Case No.10/2003 whereby while passing the impugned judgment, learned Sessions Court acquitted the accused-respondent for the offences punishable under Sections 7 and 13(1)(d)(2) of the Anti Corruption Act, 1988. 2. Learned counsel appearing on behalf of the accused- respondent has filed an Application (I.A. No.1/2025) under Section 528 of B.N.S.S.,2023 stating therein that the accused-respondent has expired on 03.08.2024. [2025:RJ-JP:10458] (2 of 2) [CRLAS-358/2018] 3. The death certificate dated 20.08.2024 issued by the Registrar Ringus, Sikar has been annexed with the application and the same is taken on record. 4. Learned Public Prosecutor is not in a position to dispute the factum of death of the accused-respondent. 5. In view of the fact that the accused-respondent has expired, this criminal appeal is liable to be dismissed being abated. 6. Accordingly, this criminal appeal is dismissed being abated. 7. Stay application and any other pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /41