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2025 DAILYLAW 4648 (ALL)

RAJA RAM AND OTHERS v. STATE

CRLA/2555/1982 · 2025-08-05

Vikas Budhwar

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:132891 Court No. - 75 Case :- CRIMINAL APPEAL No. - 2555 of 1982 Appellant :- Raja Ram And Others Respondent :- State Counsel for Appellant :- Amit Kumar Srivastava,V.P. Srivastava Counsel for Respondent :- A.G.A. Hon'ble Vikas Budhwar,J. 1. The matter has been listed under the heading of the oldest pending cases in the High Court and the appeal is of the year 1982. 2. The name of Shri V.P. Srivastava and Shri Amit Kumar Srivastava has been shown from the learned counsel for the appellants. However, nobody is present. 3. This is an appeal under Section 374 (2) Cr.P.C. filed against the judgment and order dated 24.09.1982, passed by IV-Additional Sessions Judge, Bijnor in Sessions Trial No. 265 of 1980 which is consolidated with Sessions Trial No.199 of 1979 and Sessions Trial No. 462 of 1980 convicting and sentencing the appellants under Section 395 IPC to undergo 8 years R.I. and to pay fine of Rs. 2,000/- each and in case of default to pay fine, the defaulter or the defaulters shall undergo one year's further R.I. 4. On 09.07.2025, the following orders were passed: "The appeal is of the year 1982. List has been taken up in the revised list. Nobody is present for the appellants. On 12.09.2023 following order was passed: "Shri Karunakar Singh, learned A.G.A. for the State is present. Issue summons to the appellants for their appearance before this Court either personally or through their counsel through C.J.M. concerned for next date of listing. Office is directed to comply the order by sending information to the Sessions Judge concerned by Fax/E-mail/telephonic message immediately. List on 27.9.2023. " There is an office report dated 26.09.2023 which reads as under: "In compliance of Hon'ble Court's order dated 12.09.2023, vide letter dated 25.09.2023 (flag-P) the CJM Amroha has reported that appellant no.1 Raja Ram could not be traced out. It is further submitted that vide letter dated 25.09.2023 (flag-Q) the CJM Moradabad has reported that appellant no.2 Hemu could not be traced out. The case is put up for orders along with LCR." None present on behalf of the appellants namely Raja Ram and Hemu. In the circumstances, let non bailable warrant be issued against the appellants for securing and ensuring his presence. A copy of this order be sent to the concerned Chief Judicial Magistrate through FAX within five days for ensuring necessary compliance. List this matter on 06.08.2025 with fresh office report." 5. There is an office report dated 05.08.2025 which reads as under: "In compliance of Hon'ble Court's order dated 09.07.2025 CJM, Bijnor has submitted a report (at flag 'A') stating that: Appellant No. 1 Raja Ram has died around 04 years ago. Appellant No. 2-Hemu has died around 25 years ago. The case is put up for order along with LCR." 6. As per the office report dated 05.08.2025 and the report of the C.J.M., Bijnor dated 04.08.2025 supported the first appellant, Raja Ram son of Ganga Prasad has expired four years ago and the second appellant, Hemu son of not known has expired about 25 years ago. The supporting documents as well as the certificates showing the death of the appellants is available on record. 7. Since as per the office report, the first appellant and the second appellant have expired, thus, the appeal stands abated. 8. Accordingly, the appeal stands dismissed as abated. Order Date :- 6.8.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad