Des Raj vs C.B.I.

Type Court Judgment Court Delhi Decided Apr 23, 2026

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Citation: sooperkanoon.com/1257376
Court: Delhi High Court
Judge: Hon'Ble Ms. Justice Chandrasekharan Sudha
Decided On: Apr 23, 2026
Case Number: CRL.A./716/2003
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Des Raj

Advocate Mr. Varun Kholi, Mr. Premtosh K. Mishra, Mr. Arpit Bamal, Mr. Anubhav Upadhyay, Mr. Shrey Sharma

Respondent

C.B.I.

Excerpt

* in the high court of delhi at new delhi+ crl.a. 716/2003 des raj .....appellant through: mr. varun kholi (son of the appellant)versusc.b.i. .....respondent through: mr. premtosh k. mishra, spp with mr. arpit bamal, mr. anubhav upadhyay and mr. shrey sharma, advocates.coram:hon'ble ms. justice chandrasekharan sudhaorder% 23.04.20261. mr. varun kholi present in person and submits that he isthe son of the sole appellant, who is no more.2. mr. premtosh k. mishra, special public prosecutor, oninstructions, has identified mr. varun kholi as the son of thedeceased sole appellant.3. the sentence imposed by the trial court is a compositesentence of imprisonment and fine. it is only the substantivesentence of imprisonment that stands abated on the death of theappellant and the sentence of fine will not stand abated by virtue ofsection 394(2) cr.p.c.4. it is further submitted that the fine amount has alreadybeen deposited and that the legal representative of the appellantdoes not wish to pursue the present appeal.5. in light of the fact that the fine amount imposed by thetrial court has already been deposited and the legal representativedoes not wish to prosecute the matter, the impugned judgmentinsofar as the imposition of fine is concerned stands confirmed.6. the file be consigned to the record room.chandrasekharan sudha, japril 23, 2026rs

Full Judgment

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 716/2003 DES RAJ .....Appellant Through: Mr. Varun Kholi (Son of the appellant)

versus

C.B.I. .....Respondent Through: Mr. Premtosh K. Mishra, SPP with Mr. Arpit Bamal, Mr. Anubhav Upadhyay and Mr. Shrey Sharma, Advocates.

CORAM:

HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

ORDER

% 23.04.2026

1. Mr. Varun Kholi present in person and submits that he is

the son of the sole appellant, who is no more.

2. Mr. Premtosh K. Mishra, Special Public Prosecutor, on

instructions, has identified Mr. Varun Kholi as the son of the

deceased sole appellant.

3. The sentence imposed by the trial court is a composite

sentence of imprisonment and fine. It is only the substantive

sentence of imprisonment that stands abated on the death of the

appellant and the sentence of fine will not stand abated by virtue of

Section 394(2) Cr.P.C.

4. It is further submitted that the fine amount has already

been deposited and that the legal representative of the appellant

does not wish to pursue the present appeal.

5. In light of the fact that the fine amount imposed by the

trial court has already been deposited and the legal representative

does not wish to prosecute the matter, the impugned judgment

insofar as the imposition of fine is concerned stands confirmed.

6. The file be consigned to the record room.

CHANDRASEKHARAN SUDHA, J

APRIL 23, 2026

rs

Same Court & Year Delhi · 2026 Same Parties Des Raj vs C.B.I. Same Subject Land Acquisition Same Judge Hon'Ble Ms. Justice Chandrasekharan Sudha