Mathura Prasad Bhargava v. The State Of Madhya Pradesh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 2652 of 1999 • Mathura Prasad Bhargava (Suryavanshi) S/o Nandan Bhargava, aged about 29 years, R/o Village - Jalsi, P.S. - Koni, Tahsil and District - Bilaspur (MP) now Chhattisgarh ---- Appellant

Versus

• The State Of Madhya Pradesh Through Police Station - Koni, Tahsil and District - Bilaspur (CG) ---- Respondent For Appellant :

None For State :

Shri Suryakant Mishra, Panel Lawyer D.B.: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order On Board 26/06/2019 None for the appellant despite repeated calls. During the pendency of this appeal, the appellant - Mathura Prasad Bhargava died. Upon receipt of the information, the appeal was dismissed as abated. Later on, the wife of the appellant moved an application for restoration of appeal and decision of the same on merits on the ground that conviction of her deceased husband has resulted in rejection of application for grant of compassionate appointment. Considering the said submission, the order of dismissal, as abated, was recalled and the appeal was restored to its original number. When the matter was listed on 24/06/2019, we found that the cause list did not

publish the name of Shri Harshwardhan Parganiha, Advocate who had argued application for restoration on behalf of the wife of the deceased - appellant. We, then, directed the case to be listed today after publishing the name of Shri Harshwardhan Parganiha. Today also, there is no appearance which shows that the wife of the deceased - appellant is not interested in pursuing this appeal. Considering that the appellant has already died and appeal is not filed by the accused but by his family member, this appeal is dismissed, though with liberty to revive, if the wife of the deceased appellant wishes to do so. Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Deepti