Allahabad High Court
MAHANATH SINGH @ INDER DEO AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- SANJAY KUMAR PACHORI
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
Checking your session…