Allahabad High Court
KANHAIYA LAL SHARMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The appeal is dismissed as abated because the sole appellant died, extinguishing the right to pursue the appeal.
Summary
The appellant, Kanhaiya Lal Sharma, filed a criminal appeal (No. 1576 of 2013) before the Allahabad High Court against the State of U.P. and another respondent. The Chief Judicial Magistrate of Saharanpur reported on 3 June 2025 that the appellant had died on 19 October 2023. Upon receiving this report, the court examined whether the appeal could continue in light of the appellant's death. The court held that the death of the sole appellant extinguishes the right to prosecute the appeal. Consequently, the appeal was dismissed as abated. No substantive merits of the criminal case were addressed, and the matter was closed procedurally.
Issues considered
- What is the effect of the death of a sole appellant on a pending criminal appeal?
Subjects
- abated appeal
- death of appellant
- criminal procedure
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 1576 of 2013
Kanhaiya Lal Sharma
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Ramesh Pandey
Counsel for Respondent(s) : Rahul Srivastava, Govt. Advocate,
Pranay Krishna
Court No. - 73
HON'BLE VIKRAM D. CHAUHAN, J.
As per the report submitted by Chief Judicial Magistrate, Saharanpur
dated 3.6.2025, it has been reported that the sole appellant has died on
19.10.2023.
In view of the aforesaid report, the present appeal is dismissed as abated.
Sri Rahul Srivastava, learned counsel for C.B.I. is present.
(Vikram D. Chauhan,J.)
May 14, 2026
Bhaskar
Digitally signed by :-
BHASKAR
High Court of Judicature at Allahabad
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