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Allahabad High Court

MUBINversusSTATE

Decided

Holding

The appeal stands abated because the appellant, Md. Mobin, is deceased.

Summary

The appellant, Md. Mobin, filed a criminal appeal (No. 153 of 1988) before the Allahabad High Court. The State produced a certified family register and a police report indicating that Mobin had died five years earlier. Upon verification of these documents, the court found that the appellant was deceased. Since a dead person cannot pursue an appeal, the court held that the appeal could not continue. Consequently, the appeal was abated and the matter was consigned to the record.

Issues considered

  • What is the effect on a pending criminal appeal when the appellant is found to be deceased?

Subjects

  • appeal abatement
  • death of appellant
  • criminal appeal
  • procedural law
  • family register

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL APPEAL No. - 153 of 1988

                                    Mubin
                                                                                              .....Appellant(s)
                                                                      Versus

                                    State
                                                                                            .....Respondent(s)

                                    Counsel for Appellant(s)              :    S. Ratna, Shahroze Khan
                                    Counsel for Respondent(s)             :    A.G.A.

                                    Court No. - 93
                                                 HON'BLE MRS. VANI RANJAN AGRAWAL, J.

                                    Sri Mohd. Zaffariyab, Advocate, holding brief of Sri Shahroze Khan,
                                    learned counsel for the appellant and learned A.G.A. for the State are
                                    present.

                                    Learned A.G.A. for the State submits a certified copy of family register
                                    issued by village panchayat- Deipar, Tehsil- Dumariyaganj, District-
                                    Siddharth Nagar along with report of police station- Bhawaniganj,
                                    District- Siddharth Nagar, which is taken on record, wherein it has been
                                    mentioned that sole appellant Md. Mobin has died five years ago.

                                    In view of the above, the instant appeal stands abated qua appellant - Md.
                                    Mobin and consigned to record.



                                                                               (Mrs. Vani Ranjan Agrawal,J.)
                                    February 26, 2026
                                    P. Pandey




Digitally signed by :-
PUSHPENDRA PANDEY
High Court of Judicature at Allahabad


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