Gauri Dikshit vs Lakshmi Narayan Misra,Union of India & Ors.

Kamleshnar Nath, J.—This appeal against the acquittal is directed against the judgment dated 571982 in Criminal Appeal No. 42 of 1981 passed by the Sessions Judge, Bahraich, acquitting the accusedrespondent Gauri Dikshit for an offence punishable under Section 135 of the Customs Act, 1962. It is admitted by the learned counsel for the State that respondent Gauri Dikshit died of heart attack sometime in April 1987. Gauri Dikshit was the sole respondent in the appeal against acquittal and, therefore, the appeal abates.

It appears that a coaccused Lakshmi Narain Misra had been convicted for an offence under Section 135 of the Customs Act. His Criminal Appeal No. 41 of 1981 was dismissed by the Sessions Judge by a composite judgment dated 571982. The confirmation of the conviction of Laxmi Narain Misra has led to Criminal Revision No. 315 of 1982 which is listed for hearing today along with this appeal against the acquittal. A criminal revision is a single Judge matter, but appears to have been directed to be connected with the appeal against the acquittal as both of them related to a common incident. The appeal against the acquittal is to be heard by a Division Bench. Learned counsel for the revisionist has pointed out that now that the appeal against the acquittal stands abated the Criminal Revision would deserve to be heard by a learned single Judge. We, therefore, direct that Criminal Revision No. 315 of 1982 now be listed for disposal before a learned Single Judge.