Allahabad High Court
RAJU @ RAJESHversusSTATE OF U.P.
- Decided
Holding
The appeal stands abated due to the death of the appellant.
Summary
Raju @ Rajesh filed Criminal Appeal No. 1583 of 1985 before the Allahabad High Court against the State of U.P. While the appeal was pending, the appellant died, as recorded in an office report dated 8 September 2026 based on the Chief Judicial Magistrate’s report. The court was required to consider the legal effect of the appellant’s death on the pending criminal appeal. It held that the death of the appellant extinguishes the right to pursue the appeal, causing the appeal to stand abated. Consequently, the court ordered that the appeal be consigned to the record. The judgment was delivered on 9 September 2026 by Judges Siddhartha Varma and Jai Krishna Upadhyay.
Issues considered
- Whether the death of the appellant extinguishes the pending criminal appeal?
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 1583 of 1985
Raju @ Rajesh
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : M.C. Mishra
Counsel for Respondent(s) : A.G.A.
Court No. - 44
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. As per the office report dated 8.9.2026 which is based on the report of the
Chief Judicial Magistrate, Farrukhabad dated 5.9.2026, we find that sole
appellant Raju @ Rajesh has died.
2. The appeal vis-a-vis appellant Raju @ Rajesh stands abated.
3. Let the appeal be consigned to record.
September 9, 2026
safi
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad
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