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Allahabad High Court

ASHOK PUNJABIversusSTATE OF U.P.

Decided

Holding

An appeal is abated and dismissed when the sole appellant dies.

Summary

The appellant, Ashok Punjabi, filed a criminal appeal before the Allahabad High Court. During the pendency of the appeal, the appellant died in 2021, as evidenced by a police report, statements of his wife and others, and a death certificate. The court considered whether the appeal could continue after the death of the sole appellant. It held that the death of the sole appellant results in abatement of the appeal. Consequently, the appeal was dismissed as abated and the trial court record, if summoned, was to be sent back. The file was consigned to the record.

Issues considered

  • Does the death of the sole appellant abate a pending criminal appeal?

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     CRIMINAL APPEAL No. - 1665 of 1988

                                    Ashok Punjabi
                                                                                                  .....Appellant(s)
                                                                           Versus
                                    State of U.P.
                                                                                                .....Respondent(s)

                                    Counsel for Appellant(s)                           :    G.M.Chandra
                                    Counsel for Respondent(s)                          :    A.G.A.

                                    Court No. - 83
                                                       HON'BLE CHAWAN PRAKASH, J.

                                    1. Learned A.G.A. placed a report before this Court submitted by the In-
                                    Charge Inspector, Police Station Kotwali, District Banda. The same is kept
                                    on record.

                                    2. As per aforesaid report, appellant Ashok Panjabi has died in the year
                                    2021. The said report is supported with the statements of Smt. Anita Oberoi,
                                    wife of the appellant, Amit Kumar Gulati and Councillor of ward no.15.
                                    Photostat copy of the death certificate is also annexed along with the report.

                                    3. Since the sole appellant of this case has died, the appeal is dismissed as
                                    abated.

                                    5. The Trial Court record, if summoned, be sent back.

                                    6. This file is consigned to record.

                                    September 16, 2026
                                    Vijay
                                                                                            (Chawan Prakash,J.)




Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad


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