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Allahabad High Court

BALIRAM AND AND ANR.versusSTATE OF U.P.

Decided

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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