Allahabad High Court
HARISH CHANDRA AND ANOTHERversusSTATE OF U.P.
- Decided
Holding
The appeal is dismissed as abated due to the death of all appellants.
Summary
In Criminal Appeal No. 1211 of 1988, the appellants Harish Chandra and others challenged a conviction. The High Court initially abated the appeal with respect to appellants 1, 2 and 4 and ordered a non‑bailable warrant against appellant 3, Mam Chandra @ Toti. Subsequently, the Chief Judicial Magistrate reported that appellant 3 had died. On this basis, the Court declared the appeal abated as to appellant 3 as well. Since all appellants were now either dead or the appeal already abated, the Court dismissed the appeal as abated, discharged the sureties, and ordered the trial court record to be remitted.
Issues considered
- What is the effect of the death of an appellant on a pending criminal appeal?
- Whether a criminal appeal can continue when all parties have died, leading to abatement.
Subjects
- criminal appeal
- abatement
- death of appellant
- surety discharge
- non-bailable warrant
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 1211 of 1988
Harish Chandra And Another
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) :
Counsel for Respondent(s) : A.G.A.
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
By order dated 23.03.2026, the appeal was declared as abated in regard to
appellant nos. 1, 2 & 4. By the same order, it was directed that Non-
Bailable Warrants be issued against the appellant no. 3- Mam Chandra @
Toti.
The Office report dated 03.07.2026 notes that the Chief Judicial
Magistrate, Meerut, vide his letter dated 15.05.2026, has informed
that Mam Chandra @ Toti has also died.
In the light of the aforesaid, the appeal is declared to have also abated so
far as the appellant no. 3- Mam Chandra @ Toti.
As the appeal had earlier been abated so far as it concerned the appellant
nos. 1, 2 & 4, the appeal is dismissed as abated.
The appeal is consigned to records.
The sureties are discharged.
The trial court record shall be remitted, forthwith.
(Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
September 18, 2026
Rama Kant
Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad
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