Allahabad High Court
RADHEY SHYAMversusSTATE OF U.P.
- Decided
- Bench
- NAND PRABHA SHUKLA
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
Checking your session…