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Allahabad High Court

CHIRONJI LALversusSTATE OF U.P.

Decided

Holding

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

Summary

The appellant, Chironji Lal, filed a criminal appeal (No. 16 of 1987) before the Allahabad High Court. During the pendency of the appeal, the appellant died, as recorded in the living status report of the Chief Judicial Magistrate, Shahjahanpur. The court noted that the appeal had already been abated against a co‑appellant, Barkannu alias Balram. Upon confirming the death of the appellant, the court held that the appeal could not proceed and therefore dismissed it as abated. The order was pronounced on 16 September 2026.

Issues considered

  • What is the effect of the death of an appellant on a pending criminal appeal?

Subjects

  • appeal abatement
  • death of appellant
  • criminal appeal
  • procedural law
  • high court

Judgment

                                                      HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            CRIMINAL APPEAL No. - 16 of 1987

                                    Chironji Lal
                                                                                                .....Appellant(s)
                                                                         Versus

                                    State of U.P.
                                                                                               .....Respondent(s)

                                    Counsel for Appellant(s)          : , Pratap Narain         Misra,    Vinay
                                                                        Saran(Senior Adv.)
                                    Counsel for Respondent(s)         :


                                    Court No. - 49
                                                        HON'BLE AJAY BHANOT, J.
                                                        HON'BLE DIVESH CHANDRA SAMANT, J.

                                    Vide order dated 23.10.2018 the appeal had already been abated
                                    against appellant No.2-Barkannu alias Balram.

                                    The living status report of the Chief Judicial Magistrate,
                                    Shahjahanpur dated 15.09.2026 drawn up in accordance with
                                    Circular Letter No. 15/2005: VIIIb-119 dated 19th April, 2005
                                    and C.L. No. 04/Admin. 'G-II' dated 18.01.2017 issued by this
                                    Court, records that the appellant No.1-Chironji Lal died during
                                    the pendency of the appeal.

                                    Accordingly, the appeal stands dismissed as abated.


                                                                 (Divesh Chandra Samant,J.) (Ajay Bhanot,J.)
                                    September 16, 2026
                                    Ashish Tripathi




Digitally signed by :-
ASHISH NAYAN TRIPATHI
High Court of Judicature at Allahabad


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