Allahabad High Court
HARIversusSTATE
- Decided
- Bench
- TARUN SAXENA
Holding
The appeal abates upon the death of the sole appellant.
Summary
The appellant Hari filed a criminal appeal, but a report dated 15.12.2025 from the Chief Judicial Magistrate, Mathura confirmed that Hari died while the appeal was pending. The High Court verified the death and considered the effect on the pending appeal. The Court held that the death of the sole appellant results in the abatement of the appeal. Consequently, the Court directed the office to effect the necessary abatement in the cause title and ordered the lower court record to be sent back to the trial court. No substantive merits of the appeal were addressed as the proceeding terminated due to the appellant's death.
Issues considered
- What is the legal effect of the death of a sole appellant on a pending criminal appeal?
Subjects
- abatement
- death of appellant
- criminal appeal
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 1626 of 1984
Hari
.....Appellant(s)
Versus
State
.....Respondent(s)
Counsel for Appellant(s) : Tej Pal
Counsel for Respondent(s) : A.G.A.
Court No. - 78
HON'BLE TARUN SAXENA, J.
1. From the perusal of the record, it is evident that a report dated
15.12.2025 regarding the living status of the sole appellant namely Hari,
sent by the learned Chief Judicial Magistrate, Mathura indicated that the
sole appellant has died during the pendency of this appeal. The death of
the sole appellant has been duly verified by the Chief Judicial Magistrate,
Mathura.
3. In view of the report sent by Chief Judicial Magistrate, Mathura, this
appeal, at the instance of the appellant, Hari, stands abated. Office is
directed to carry out the necessary abatement in the cause title.
4. Let the Lower Court Record be sent back to the Trial Court concerned.
(Tarun Saxena,J.)
February 25, 2026
Prashant D.
Digitally signed by :-
PRASHANT DWIVEDI
High Court of Judicature at Allahabad
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