Allahabad High Court
SAJIWAN AND OTHERSversusSTATE OF U.P.
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
A criminal appeal is abated upon the death of the appellant.
Summary
The appeal was filed by Sajiwan and others against the State of U.P. but neither appellant appeared in the revised list. The court learned that appellant No.1, Sajiwan alias Ram Sajeewan, had died, as confirmed by a death verification report from the Chief Judicial Magistrate, Kanpur Dehat. The appeal of appellant No.2 had already been abated by an order dated 12.11.2018. With the death of both appellants, the High Court held that the criminal appeal could no longer proceed and dismissed it as abated. The court directed the office to return any original records to the concerned court immediately.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant?
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 1091 of 1983
Sajiwan And Others
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : R.P. Agarwal
Counsel for Respondent(s) : A.G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Even in the revised list none has appeared for the appellant. However,
learned A.G.A. is present.
As per office report, the appellant no. 1 namely, Sajiwan alias Ram
Sajeewan has died.
The detailed death verification report has been submitted by the Chief
Judicial Magistrate, Kanpur Dehat which is on record.
The present appeal for the appellant no. 2 has already been abated by this
Court vide order dated 12.11.2018.
After the death of both appellants the present criminal appeal is dismissed
as abated.
office is directed to return the original record if any to the court concerned
immediately.
(Sanjay Kumar Pachori,J.)
September 16, 2026
A.
Digitally signed by :-
AFAQ AHMAD
High Court of Judicature at Allahabad
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