JUDGMENT :

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 Section 378 No. 262 of 2017 and for respondent no.2 and 5 in Application under Section 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 Section 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.

4. Both above placed applications moved under Section 378(4) Cr.P.C. are connected with the same complaint case, whereby the accused persons / respondent nos.2 to 6 of Criminal Appeal No.262 of 2017 have been acquitted of all the charges and accused '' Santosh Kumar Gu