Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:143825 Court No. - 75 Case :- CRIMINAL APPEAL No. - 803 of 1984 Appellant :- Satya Prakash Respondent :- State of U.P. Counsel for Appellant :- Arvind Kumar Singh,Jitendra Prakash,Neeharika Singh Counsel for Respondent :- A.G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Jitendra Prakash, learned counsel for the appellant and Sri S.K. Singh, learned AGA for the State. 2. Challenge in this appeal is to the judgment and order dated 14.03.1984 passed by the III Additional District and Sessions Judge, Ghaziabad in Sessions Trial No.341/1980 (State Vs. Satya Prakash) whereby, the appellant-accused Satya Prakash was found guilty and convicted for the offences under Section 376 IPC and sentenced to undergo rigorous imprisonment of five years. The appeal was presented before this Court in the year 1984. 3. This Court on 24.07.2025, proceeded to pass the following order :
"Today when the matter has been taken up in the revised list, Sri Jitendra Prakash, learned counsel for the appellant has made a statement at bar that he has no contact with the applicant herein. The office report dated 02.09.2023/ 10.07.2025 reads as under:
"In compliance of Hon'ble Court's order dated 03.08.2023, vide letter dated 02.09.2023 (flag 'P') the CJM Ghaziabad has reported that notice has been served upon the appellant Satya Prakash. The case is put up for order along with LCR." Thus, issue bailable warrant to the sole appellant, namely, Satya Prakash to be executed by the Chief Judicial Magistrate, Ghaziabad. 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. 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. Office of the Registrar General to communicate this order telephonically to the judgeship concerned, apart from normal mode of communication. CJM, Ghaziabad is directed to do the follow up actions and submit the report before the Court before the next date fixed. List on 21.08.2025 in the additional cause list. "
4.
There is an office report dated 20.08.2025 which reads as under :
"In compliance of Hon'ble Court's order dated 24.07.2025, CJM, Ghaziabad has submitted a report stating that bailable warrant could not be executed upon the appellant Satya Prakash as he has been reported to have died on
15.09.2023. The detailed said report is placed on record at Flag 'A' alongwith enclosures. The case is put up for hearing alongwith TCR."
5. As per the office report dated 20.08.2025, there happens to be the report of the Chief Judicial Magistrate, Ghaziabad dated 19.08.2025 supporting with the documents including the death certificate whereby, it has been depicted that the accused- appellant Satya Prakash s/o Lal Singh has expired on 15.09.2023. 6. Since, the sole appellant Satya Prakash has expired, thus, the appeal stands abated. 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