IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 846 OF 2014 KRISHI UPAJ MANDI SAMITI APPELLANT(S)

VERSUS SUDARSHAN COLD STORAGE RESPONDENT(S)

O R D E R

1. When the appeal is called on for hearing, Ms. Neema, learned counsel appearing for the respondent – Sudarshan Cold Storage submits that the proprietor of the said cold storage, namely, Sudarshan has passed away on 01.07.2021. A copy of the death certificate dated 28.07.2021, issued by the Municipal Corporation, Gwalior, is tendered across the Bar; the same be retained with the records.

2. We also record the statement of Ms. Neema that the said cold storage has since been closed down and the property sold.

3. In view of the death of the proprietor of the respondent – Sudarshan Cold Storage, the appeal has abated. Recording such abatement, the appeal stands disposed of. Pending application(s), if any, shall also stand disposed of.

4. However, at this stage, Mr. N.K. Mody, learned senior counsel appearing for the appellant, submits that the impugned judgment passed by the High Court of Madhya Pradesh decides a question of law and that an observation ought to be made that the decision of the High Court, on such a question of law, Signature Not Verified Digitaly signed by KANCHAN CHOUHAN Date: s202h5.01o.18uld not be treated as a precedent for future cases.

08:36:04 IST Reason:

5. Having heard Mr. N.K. Mody and considering the circumstance that the death of the proprietor of the respondent has disabled this Court to examine the correctness of the impugned judgment, we clarify that the question of law, if any, arising for decision in this appeal is kept open for consideration in an appropriate case.

..................J.

(DIPANKAR DATTA)

..................J.

(MANMOHAN) NEW DELHI;

9^th January, 2025.

ITEM NO.105 COURT NO.15 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s).846/2014 KRISHI UPAJ MANDI SAMITI APPELLANT(S)

VERSUS SUDARSHAN COLD STORAGE RESPONDENT(S)

Date : 09-01-2025 This appeal was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE MANMOHAN For Appellant(s) Mr. N.K. Mody, Sr. Adv.

Mr. Prabudhha Singh Gour, Adv.

Ms. Ishita M Puranik, Adv.

Ms. Jigisha Agarwal, Adv.

Mr. Suresh Kumar Bhan, Adv.

Mr. Praveen Swarup, AOR For Respondent(s) Ms. Neema, Adv.

Mr. Rajesh, AOR Upon hearing the counsel the Court made the following

O R D E R

The appeal is disposed of in terms of the signed order, which is placed on the file.

Pending application(s), if any, shall stand disposed of.

(D. NAVEEN) (SUDHIR KUMAR SHARMA)

COURT MASTER (SH) COURT MASTER (NSH)