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Allahabad High Court

RADHEY SHYAMversusSTATE OF U.P.

Decided

Holding

An appeal is abated and must be dismissed if the sole appellant dies.

Summary

The appellant Radhey Shyam filed a criminal appeal before the Allahabad High Court. No counsel appeared for him and the State was represented by A.G.A. The court’s office report dated 17‑03‑2026 revealed that the sole appellant had died about 22 years earlier. The court held that the death of the sole appellant caused the appeal to abate. Consequently, the appeal was dismissed as abated.

Issues considered

  • Whether a criminal appeal can continue when the sole appellant has died

Subjects

  • appeal
  • abated
  • death of appellant
  • criminal procedure
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     CRIMINAL APPEAL No. - 1614 of 1985

                                    Radhey Shyam
                                                                                                   .....Appellant(s)
                                                                       Versus
                                    State of U.P.
                                                                                                  .....Respondent(s)

                                    Counsel for Appellant(s)                             :    P.N.Mishra
                                    Counsel for Respondent(s)                            :    A.G.A.

                                    Court No. - 76
                                                     HON'BLE NAND PRABHA SHUKLA, J.

                                    1. No one has appeared for the appellant. Learned A.G.A. for the State is
                                    present.

                                    2. As per the office report dated 17.03.2026, sole appellant Radhey Shyam
                                    has died about 22 years ago, therefore, the appeal against the sole appellant
                                    Radhey Shyam stands abated.

                                    3. The instant appeal is, accordingly, dismissed as abated.

                                    March 18, 2026
                                    Shivani
                                                                                       (Nand Prabha Shukla,J.)




Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad


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