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Allahabad High Court

RAM SARANversusSTATE OF U.P.

Decided

Holding

The appeal was dismissed as abated due to the death of the appellant.

Summary

Ram Saran filed a criminal appeal (No. 1497 of 1984) against the State of U.P. in the Allahabad High Court. No counsel appeared for the appellant, and the respondent's counsel was present. The court was informed, via an office report and a detailed report from the Chief Judicial Magistrate, Ballia, that the appellant had died. Consequently, the court held that the appeal could not proceed and dismissed it as abated. The original record, if any, was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant has died

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     CRIMINAL APPEAL No. - 1497 of 1984

                                    Ram Saran
                                                                                                  .....Appellant(s)
                                                                       Versus
                                    State of U.P.
                                                                                                .....Respondent(s)

                                    Counsel for Appellant(s)                              :   A.K. Shukla
                                    Counsel for Respondent(s)                             :   A.G.A.

                                    Court No. - 77
                                                    HON'BLE SANJAY KUMAR PACHORI, J.

                                    Even in the revised call no one has appeared for the appellant, however,
                                    learned AGA is present.

                                    As per office report sole appellant Ram Saran has died. A detailed report has
                                    been submitted by the Chief Judicial Magistrate, Ballia, which is on record.

                                    The present criminal appeal is dismissed as abated.

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

                                    September 8, 2026
                                    KJ
                                                                                    (Sanjay Kumar Pachori,J.)




Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad


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