Satyanarayan v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRA No.155 of 1993 Satyanarayan Agarwala and another ....

Appellants Mr. S.C. Lal. Advocate -versusState ....

Respondent Mr.Sanjay Kumar Das, Sr. Standing Counsel for Vigilance Deptt.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

31.03.2022 14.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

Heard learned counsel the Appellant Nos.1 and 3 and Mr. S.K. Das, learned Senior Standing Counsel for the Vigilance Department.

3.

On a perusal of the order sheet no.11, dated 14.11.2000, it is revealed that Appellant No.2, Sheochand Gupta @ Agarwala died on 18.09.1994. Accordingly, this Court vide order dated 14.11.2000 deleted the name of Appellant No.2 and the appeal has abated as against Appellant No.2.

4.

Learned counsel for the Appellant nos.1 and 3 files a Death Certificate of one Satyanarayan Agarwal, issued by the Rourkela Municipality, Sudnargarh. who died on 26.2.2004. It is submitted that Satyanarayan Agarwal is Appellant No.1 in the Criminal Appeal. Further the legal heirs of said Satyanaran Agarwal is not

// 2 // interested to continue this appeal. Appellant No.1 is also representing the Appellant No.3, i.e. M/s. Shree Sagar Stores, Sundargarh. The death certificate of Appellant No.1 has affected both Appellant No.1 and 3. No application has also been filed as required u/s.394 Cr.P.C. Accordingly, the appeal is abated in respect of Appellant Nos.1 and 3 also. The entire appeal is thus abated, which is accordingly disposed of. The Death Certified filed in Court be kept on reocrd.

5.

Issue urgent certified copy as per rule.

(A.K. Mohapatra) Judge U.K.Sahoo