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Allahabad High Court

K.U.M.S.versusSABBIR AHMAD

Decided

Holding

The appeal is abated and dismissed due to the death of the accused respondent.

Summary

The appellant K.U.M.S. filed a criminal appeal against respondent Sabbir Ahmad. No counsel appeared for the appellant and the respondent's counsel was also absent, though the State's counsel was present. A compliance affidavit submitted by the SP of Bijnor indicated that the respondent had died on 6 July 1984. The court held that the death of the accused abated the criminal appeal. Consequently, the appeal was dismissed as abated.

Issues considered

  • What is the effect of the death of an accused on a pending criminal appeal?

Subjects

  • criminal appeal
  • abatement
  • death of accused
  • procedural law

Judgment

                                                      HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            CRIMINAL APPEAL No. - 1007 of 1987

                                    K.U.M.S.
                                                                                                  .....Appellant(s)
                                                                          Versus

                                    Sabbir Ahmad
                                                                                                 .....Respondent(s)

                                    Counsel for Appellant(s)             : Archit Mandhyan, B.D. Mandhyan
                                    Counsel for Respondent(s)            : A.G.A.

                                    Court No. - 78
                                                          HON'BLE NAND PRABHA SHUKLA, J.

                                    1. None has appeared for the appellant and learned counsel for the
                                    respondent-accused. Learned AGA for the State is present.

                                    2. Compliance affidavit filed on behalf of SP, Bijnor in Court is taken on
                                    record.

                                    3. As per the compliance affidavit, respondent-accused Sabbir Ahmad had
                                    died on 06.07.1984. Therefore, the appeal against the respondent-accused
                                    stands abated.

                                    4. Accordingly, the present appeal is dismissed as abated.



                                                                                       (Nand Prabha Shukla,J.)
                                    May 12, 2026
                                    Aditya Tripathi




Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad


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