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Allahabad High Court

MAHANATH SINGH @ INDER DEO AND ANOTHERversusSTATE OF U.P.

Decided

Holding

The appeal stands abated and is dismissed because the appellants have died.

Summary

Appellant No.1 (Mahanath Singh @ Inder Deo) and Appellant No.2 (Vishwanath @ Duryodhan Singh) filed a criminal appeal before the Allahabad High Court. While the appeal was pending, both appellants died, as reported by the Chief Judicial Magistrate, Basti. The court, noting the death of the parties, held that the appeal could no longer proceed and therefore stood abated. No substantive merits of the appeal were examined. Consequently, the court dismissed the appeal as abated and ordered the return of the original record to the lower court.

Issues considered

  • Whether a criminal appeal can continue when all appellants have died before the appeal is decided

Subjects

  • abated appeal
  • death of parties
  • criminal procedure
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     CRIMINAL APPEAL No. - 1332 of 1984

                                    Mahanath Singh @ Inder Deo And Another
                                                                                                    .....Appellant(s)
                                                                        Versus
                                    State of U.P.
                                                                                                  .....Respondent(s)

                                    Counsel for Appellant(s)         : R.K. Pandey, R.R.K.Trivedi,              S.K.
                                                                       Shukla, Sudhir Kumar Pandey
                                    Counsel for Respondent(s)        : A.G.A.

                                    Court No. - 76
                                                    HON'BLE SANJAY KUMAR PACHORI, J.

                                    List of cases has been revised. None is present on behalf of the appellants to
                                    press this appeal. However, learned A.G.A. is present.

                                    As per office report, appellant nos. 1 and 2 Mahanth Singh @ Inder Deo and
                                    Vishwanath @ Duryodhan Singh, have died. A detailed report has been
                                    submitted by C.J.M. Basti, which is on record.

                                    The present criminal appeal for appellant nos. 1 and 2 stands abated.

                                    In view of the above, the present criminal appeal is dismissed as abated.

                                    Office is directed to return the original record, if any, to the court concerned,
                                    immediately.

                                    May 12, 2026
                                    Ishan
                                                                                      (Sanjay Kumar Pachori,J.)




Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad


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