Neutral Citation No. - 2025:AHC:143890 Court No. - 75 Case :- CRIMINAL APPEAL No. - 174 of 1985 Appellant :- Akhtar Respondent :- State Counsel for Appellant :- P.N.Misra Counsel for Respondent :- A.G.A. Hon'ble Vikas Budhwar,J. 1. The matter has been taken up in revised list. 2. The appeal is of the year 1985. It is listed under the caption of oldest pending cases in the High Court for priority hearing but nobody has put in appearance. 3. Challenge in this appeal is to the judgment and the order dated 15.12.1984 passed by Special Additional Sessions Judge, Muzaffarnagar in Sessions Trial No.800 of 1984 connected with S.T. No.43 of 1984 (State vs. Akhtar and others) convicting the appellant Akhtar under Section 307 IPC and Section 25 of the Arms Act and sentencing him to three years rigorous imprisonment and one year R.I. respectively. 4. This Court on 22.07.2025 proceeded to pass the following order : "1. The appeal is of the year 1985 listed under the old pending cases in High Court for priority hearing. Name of Sri P. N. Misra, Advocate has been mentioned. However, the order dated 08.08.2022 reads as under:- "None present for appellant. Learned A.G.A. for the State is present. It has been informed that the counsel appearing on behalf of appellant is no more. Issue notice to appellant- Akhtar son of Kitabu, resident of House No. 55, Mohalla Aal Kalan, Qasba Kairana, P.S. Kairana, District Shamli informing him to engage another counsel on his behalf. List this case on 06.09.2022." 2. Again on 06.09.2022, the following order was passed:- "None present for the appellant. Learned A.G.A. for the State is present. As per office report dated 05.09.2022, compliance report from the C.J.M. concerned is pending. Issue reminder to the C.J.M. concerned for sending the compliance report forthwith. List on 20.10.2022." 3. Office report dated 11.10.2022 reads as under:- "In compliance of Hon'ble Court's order dated 6.9.2022 and 8.8.2022, a report has been received from C.J.M., Shamli stating that notice has been served indirectly upon appellant. (flagged 'B'). The LCR has been received. The case is put up for order alongwith connected appeal no.150/1985." 4. Since nobody has put in appearance on behalf of the appellant in the appeal. Thus, issue bailable warrant to the sole appellant, namely, Akhtar to be executed by the Chief Judicial Magistrate, concerned. If he is arrested or surrender before the Court, he shall be enlarged on bail by the C.J.M, concerned on furnishing a personal bond of Rs. 20,000/- and two sureties each of the like amount on the undertaking that he shall appear before this Court through a counsel. He need not appear in person. 5. The C.J.M concerned shall ensure that at the time of accepting bail bonds, authenticated copies of the current address / I.D proof of the appellant are taken on record. 6. List this case on 21.08.2025 in the additional cause list along with connected appeal. 7. Office of the Registrar General to communicate this order telephonically to the judgeship concerned, apart from normal mode of communication. 8. CJM, concerned is directed to do the follow up actions and submit the report before the Court before the next date fixed. " 5. There is an office report dated 20.08.2025 which reads as under : "In compliance of Hon'ble Court's order dated 22.07.2025, CJM, Shamli has submitted a report stating that appellant Akhtar has died around 30 years ago. The said report is placed on record at Flat 'P' alongwith enclosures. The case is put up for hearing along with connected criminal appeal no.150 of 1985 and TCR." 6. As per the office report dated 20.08.2025 which refers to the report of the C.J.M., Shamli dated 14.08.2025, the appellant Akhtar s/o Kitabu is stated to have expired 30 years back, supporting documents are available on record. Since, the sole appellant Akhtar s/o Kitabu has expired thus, the appeal stands abated against him. 7. Accordingly, the appeal stands dismissed as abated. Order Date :- 21.8.2025 Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad