Allahabad High Court
BALIRAM AND AND ANR.versusSTATE OF U.P.
- Decided
- Bench
- SAMIT GOPAL
Holding
The appeal stands abated due to the death of the appellant.
Summary
The appellant Jivanand Upadhyay filed a criminal appeal against the judgment of the VI Additional Sessions Judge, Mirzapur, dated 25 May 1984. No counsel appeared for the appellant, while the State counsel was present. An office report dated 30 September 2026 confirmed that the appellant had died. The High Court, after due enquiry, held that the appeal stands abated. The trial court records are to be sent back and the order communicated to the District and Sessions Judge.
Issues considered
- Whether an appeal can continue when the appellant has died
Subjects
- appeal
- abated
- death of appellant
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 1718 of 1984
Baliram And And Anr.
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : A.K. Shukla
Counsel for Respondent(s) : A.G.A.
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. No one appears on behalf of the appellant to press this appeal. Sri
Birendra Pratap Singh, learned State counsel is present, who has been
heard.
3. The appeal in so far as it relates to the appellant no.1/Baliram already
stands abated vide order dated 19.08.2026.
4. The present appeal has been filed by the appellant Jivanand Upadhyay
against the judgment and order dated 25.05.1984 in Session Trial No. 253
and 252 of 1983 passed by VI Additional Sessions Judge, Mirzapur,
Police Station Pipri, District Mirzapur.
5. As per office report dated 30.09.2026 in compliance Court's order
19.08.026 a letter of the CJM concerned has been received stating therein
that the appellant no.2/Jivanand has died. The said report has been sent
after due enquiry.
6. Accordingly, the appeal stands abated.
7. The trial court records, if received, be sent back along with the
communication of this order. Office to communicate this order to the
District and Sessions Judge, concerned within two weeks from today.
(Samit Gopal,J.)
October 1, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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