DAULTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner, who is widow of late Rajendra Prasad Singh, has prayed for quashing of order dated 18.7.1998 passed by learned 8th Additional District and Sessions Judge, Patna in Criminal Appeal No. 131/94 whereby her petition under Section 394(2) of the Code of Criminal Procedure for continuing the appeal after death of her husband, the Appellant, was rejected.

(2.) The impugned order shows that after the death of the Appellant Rajendra Prasad Singh, which is said to have taken place on 19.12.1997, on 12.1.1998, the son of the Appellant and the Petitioner herein, namely, Anand Kishore Prasad, filed a petition supported with an affidavit and the death certificate of the Appellant and made a prayer to drop the appeal of the Appellant Rajendra Prasad Singh in view of his death. That petition was moved on 13.1.1998 and for confirmation of the factum of death, a report was called for from the concerned police station. On considering the report regarding death on 19.12.1997, the proceeding against the Appellant late Rajendra Prasad Singh was dropped as having abated on 21.3.1998 and the records were consigned to the record room.

(3.) After such developments, the Petitioner claiming to be widow of the Appellant late Rajendra Prasad Singh, filed an application on 18.7.1998 seeking leave to continue the appeal. The prayer has been rejected by the impugned order.