Allahabad High Court
JAGDISH AND OTHERSversusSTATE OF U.P.
- Decided
Holding
The appeal is dismissed as abated.
Summary
The appeal filed by Jagdish, Pratap and Tirath against the State of U.P. was considered by the Allahabad High Court. An official report confirmed that appellant No. 3, Tirath, died on 20 February 2025. The court noted that the appeal against appellants No. 1 and No. 2 (Jagdish and Pratap) had already been abated by an order dated 8 January 2026. Consequently, with the death of Tirath and the prior abatement of the other two appellants, the court dismissed the entire appeal as abated. No substantive merits of the case were examined.
Issues considered
- Whether an appeal can continue after the death of an appellant
- Whether an appeal already abated against some appellants can be dismissed as abated for the remaining appellant
Subjects
- appeal
- abated
- death of appellant
- procedural law
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 165 of 1990
Jagdish And Others
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : P.P Srivastava
Counsel for Respondent(s) :
Court No. - 45
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE LAKSHMI KANT SHUKLA, J.
1. As per office report dated 14.02.2026 based upon the report of C.J.M.
Siddharthnagar, the appellant no. 3 Tirath has died on 20.02.2025.
2. In view of above facts, the instant appeal is dismissed as abated qua
appellant No. 3 Tirath.
3. As per order dated 08.01.2026 the appeal against appellant Nos. 1 and
2 namely Jagdish and Pratap respectively has already been abated. Hence
the instant appeal is dismissed as abated.
(Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.)
April 7, 2026
RPD
Digitally signed by :-
RATAN PRAKASH DWIVEDI
High Court of Judicature at Allahabad
Checking your session…