Union Of India v. Lakhu Valabdas Chachra And Anotehr

Shubhada S Kadam 201 apeal 772.1998.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 772 OF 1998 Union of India ....Appellant

Versus

Lakhu Valabdas Chachra and anr.

....Respondents None for the appellant.

Mr. Arfan Sait, APP for respondent No.2-State. CORAM : PRASANNA B. VARALE & N. R. BORKAR, JJ.

DATE : 5th JULY, 2021.

P.C. :

1.

Perusal of the record shows that the present appeal was listed before this Court on 6th January, 2020. On that date, the learned counsel for respondent No.1-original accused has tendered death certificate of respondent No.1. The learned counsel for the appellant was directed to verify genuineness of the said death certificate by next date and appellant was directed to file short affidavit to that effect. The matter was then again listed on 28th January, 2020. On the said date, none appeared for the appellant and, accordingly, the Division Bench was pleased to issue notice to the Assistant Director, Directorate of Revenue Intelligence, Mumbai, making the same returnable on 2nd March, 2020. 1/2

Shubhada S Kadam 201 apeal 772.1998.doc 2.

It seems from a letter/communication dated 11th February, 2020, submitted to the Registry by Senior Police Inspector of Azad Maidan Police Station that the notice issued by this Court was served in the office of the Assistant Director, Directorate of Revenue Intelligence, Mumbai - 400 001. However, still there is no appearance on behalf of the appellant. We have perused the photocopy of death certificate issued by the office of the Municipal Corporation. Perusal of this document shows that respondent No.1- Lakhu Vallabhadas Chachra @ Bhatia expired on 24th September, 2017, while he was admitted in one Karuna Hospital, Borivali (West). Considering this fact, the appeal stands abated and is, accordingly, disposed of.

( N. R. BORKAR, J.) (PRASANNA B. VARALE, J.) 2/2