Allahabad High Court
K.U.M.S.versusSABBIR AHMAD
- Decided
- Bench
- NAND PRABHA SHUKLA
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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