Digitally signed by ANURADHA ANURADHA TIWARI TIWARI Date:

2025.11.28

10:31:45 1 +0530

2025:CGHC:57745-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 13 of 2021 State of Chhattisgarh Through Police Station Saragaon, District Janjgir Champa Chhattisgarh --- Appellant versus

1 - Smt. Tarshila Toppo W/o Benjamin Toppo Aged About 37 Years R/o Uslapur, Bilaspur Chhattisgarh

2 - Shantanu Kumar S/o Indalram Satnami Aged About 24 Years R/o Gidhauri, P. S. Baradwar, District Janjgir Champa Chhattisgarh

3 - Horilal S/o Khulubutu Satnami Aged About 27 Years R/o Village Rohda, P. S. Saragaon, District Janjgir Champa Chhattisgarh (Abated vide order dated 27.11.2025)

4 - Ramesh Kumar Jagatram Burman Aged About 26 Years R/o Pisda, P. S. Jaijaipur, District Janjgir Champa Chhattisgarh --- Respondents ACQA No. 49 of 2014 Gore Singh Rajput S/o . Tijau Singh Aged About 50 Years R/o.

Vill.Uslapur, Tah. Bilaspur, P.S. Chakarbhata, Distt. Bilaspur C.G.

--- Appellant Versus

1 - Smt. Tarshila Toppo W/o . Benjamin Toppo Aged About 37 Years R/o. Uslapur, P.S. Chakarbhata, Tah. And Distt. Bilaspur C.G.

2 - Santanu Kumar S/o .Khulubutu Satnami Aged About 24 Years R/o.

Gidhori, P.S. Baradwar, Distt. Janjgir-Champa C.G., 3 - Horilal S/o .Khulubutu Satnami Aged About 27 Years R/o. Gidhori, P.S. Baradwar, Distt. Janjgir-Champa C.G. (Abated vide order dated

27.11.2025)

4 - Ramesh Kumar S/o . Jagatram Burman Aged About 26 Years R/o.

Gidhori, P.S. Baradwar, Distt. Janjgir-Champa C.G.

5 - State Of Chhattisgarh S/o Through Aarakshi Kendra Saragaon, Distt. Janjgir-Champa C.G.

... Respondents (Cause-title taken from Case Information System)

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

27 .11.2025

1. In compliance of Court’s order dated 26.11.2025, the Superintendent of Police, Janjgir, District Janjgir-Champa (C.G.) has filed his personal affidavit, relevant portion of which reads as follows :-

“3. That, the deponent most respectfully submits that during the course of hearing in the present matter on 12.11.2025, it was informed to the Hon'ble Court that respondent no. 3 (Horilal, S/o Khulubutu Satnami) has died and the Hon'ble Court was pleased to direct the Superintendent of Police, to submit a report with respect to the living status of the said respondent no. 3 in the present matter.

4. That, pursuant to the directions issued by the Hon'ble Court the deponent directed the Police of the Police Station Saragaon under whose jurisdiction the respondent no. 3 was residing to verify the fact, whether the respondent no.3 is alive or dead. On the basis of the said instructions the police of concerned police station, visited the village on 12.11.2025, and upon enquiry come to know that the respondent no. 3 has left for his heavenly abode on 02.04.2024. A copy of the death certificate issued by the competent officer is annexed herewith as ANNEXURE A/1.

5. That, it is most respectfully submitted that the information with respect to the death of the respondent no. 3 Horilal, S/o Khulubutu Satnami duly supported by the death certificate was submitted to the office of Advocate General on 26.11.2025, however, the death certificate was not supported by any application and affidavit for which the deponent tenders his unconditional apology.”

2. From perusal of the aforesaid affidavit, it transpires that the Superintendent of Police, Janjgir, caused an enquiry to be conducted through the Police Station Saragaon regarding the living status of respondent No.3. The verification carried out on 12.11.2025 revealed that respondent No.3, Horilal S/o Khulubutu Satnami, had passed away on 02.04.2024, which fact stands substantiated by the death certificate annexed as Annexure A/1. It further emerges that although the said information, along with the supporting death certificate, was forwarded to the office of the Advocate General on 26.11.2025, the document was inadvertently not accompanied by the requisite application and a