Allahabad High Court
AMAR SINGHversusSTATE
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The criminal appeal is dismissed as abated due to the death of the sole appellant.
Summary
Amar Singh filed a criminal appeal (No. 150 of 1988) against the State. While the appeal was pending, the sole appellant, Amar Singh, died, as confirmed by a death verification report from the Chief Judicial Magistrate, Farrukhabad. The learned A.G.A. filed a compliance affidavit, which was taken on record. The High Court held that the death of the sole appellant caused the appeal to abate, and consequently dismissed the appeal. The court also ordered the return of the original record and disconnected a related appeal (Criminal Appeal No. 3124 of 1986).
Issues considered
- What is the effect of the death of a sole appellant on a pending criminal appeal?
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 150 of 1988
Amar Singh
.....Appellant(s)
Versus
State
.....Respondent(s)
Counsel for Appellant(s) : S.D. Kautilya
Counsel for Respondent(s) : A.G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Compliance affidavit filed by the learned A.G.A., which is taken on
record.
As per office report, the sole appellant namely Amar Singh has died.
The detailed death verification report has been submitted by the Chief
Judicial Magistrate, Farrukhabad which is on record.
After the death of sole appellant namely, Amar Singh, the present
criminal appeal is dismissed as abated.
office is directed to return the original record if any to the court concerned
immediately.
The connected Criminal Appeal no. 3124 of 1986 be disconnected from
the present criminal appeal.
(Sanjay Kumar Pachori,J.)
September 30, 2026
A.
Digitally signed by :-
AFAQ AHMAD
High Court of Judicature at Allahabad
Checking your session…