(1.) Heard Shri Rajesh Kumar Srivastava, learned counsel for the applicant/ appellant, Ms. Sonal Pandey, learned counsel for private respondent no.2 in application under Sec. 378 No. 262 of 2017 and for respondent no.2 and 5 in Application under Sec. 378 No. 261 of 2017 as well as learned AGA for the State and perused the record.
(2.) At the outset learned counsel for the applicant/ appellant submits that respondent no.3- Awadhesh Chandra Gupta and respondent no.4- Smt. Dhaneshwari Gupta had died during the pendency of the instant application/ appeal and the proceedings against them be abated.
(3.) Ms. Sonal Pandey, learned counsel appearing for respondents no. 2 to 5 in A, 378 No. 261 of 2017 does not dispute this fact, therefore the proceedings of application under Sec. 378 No. 261 of 2017 is abated so far as the respondent no.3- Awadesh Chandra Gupta and respondent no.4- Smt. Dhaneshwari Gupta are concerned.