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Allahabad High Court

SOBARAN SINGH AND OTHERversusSTATE

Decided

Holding

The death of an appellant causes the appeal to be abated.

Summary

The appellants Sobaran Singh and others filed a criminal appeal against the State. No counsel appeared for the appellants, while the State was represented by the learned A.G.A. The court noted that appellant No.2, Ajab Singh, had died on 5 July 2022 as per an office report dated 17 March 2026. Consequently, the appeal against Ajab Singh was held to be abated. The court dismissed the entire appeal as abated.

Issues considered

  • Whether the death of an appellant results in the abatement of a criminal appeal

Subjects

  • criminal appeal
  • abated appeal
  • death of party
  • procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     CRIMINAL APPEAL No. - 1402 of 1987

                                    Sobaran Singh And Other
                                                                                                   .....Appellant(s)
                                                                       Versus
                                    State
                                                                                                  .....Respondent(s)

                                    Counsel for Appellant(s)        : , Rakesh Kumar Rathore, Sanjeev Kumar
                                    Counsel for Respondent(s)       :

                                    Court No. - 76
                                                     HON'BLE NAND PRABHA SHUKLA, J.

                                    1. No one has appeared for the appellants. Learned A.G.A. for the State is
                                    present.

                                    2. As per the office report dated 17.03.2026, appellant No. 2 Ajab Singh has
                                    died on 05.07.2022, therefore, the appeal against the appellant No. 2 Ajab
                                    Singh stands abated.

                                    3. The instant appeal is, accordingly, dismissed as abated.

                                    March 18, 2026
                                    Shivani
                                                                                       (Nand Prabha Shukla,J.)




Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad


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