Allahabad High Court
DILIPversusSTATE OF U.P.
- Decided
- Bench
- SAMIT GOPAL
Holding
The appeal is dismissed as not pressed because the appellant has served the sentence, paid the fine, and expressly stated he does not wish to pursue the appeal.
Summary
The appellant, Dilip, filed a criminal appeal (No. 1781 of 2018) against the State of U.P. but failed to appear before the Allahabad High Court despite having three counsels on record. The court repeatedly listed the matter, directed notices to the appellant, and sought his willingness to be represented by an amicus curiae. The appellant later informed the court that he had already served the entire sentence, paid the imposed fine, and did not wish to pursue the appeal or avail an amicus curiae. The court verified that he had indeed been released after serving the sentence and that bail was not effected due to non‑filing of bail bonds. On the basis of the appellant’s clear waiver and the completion of the sentence, the court dismissed the appeal as not pressed and consigned the matter to the records.
Issues considered
- Can an appeal be dismissed for want of prosecution when the appellant expressly waives the right to be heard?
- Is the court empowered to proceed without counsel and without the appellant’s presence in a criminal appeal?
- Does the appellant’s completion of the sentence and payment of fine bar further relief on appeal?
Subjects
- criminal appeal
- non‑appearance
- waiver of right to appeal
- amicus curiae
- sentence served
- bail
- dismissal of appeal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 1781 of 2018
Dilip
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Ajay Kumar Pathak, Rajesh Yadav,
Satish Solanki
Counsel for Respondent(s) : G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. Case called out in the revised call.
2. No one appears on behalf of the appellant to press this appeal despite
the fact that three learned counsels appeared on his behalf.
3. On 02.02.2026 the following order was passed by this Court:-
"1. List revised.
2. No one appears on behalf of the appellant to press this appeal despite the fact that
there are three learned counsels appearing in the matter. Sri Ramesh Shukla, learned
counsel for the State is present.
3. On 15.12.2025 the following order was passed by this Court:-
"1. List revised.
2. No one appears on behalf of the appellant to press this appeal despite the fact that
there are three learned counsels appearing in the matter. Sri Birendra Pratap Singh,
learned A.G.A. for the State is present. Perused the records.
3. Records of the matter show that on 16.09.2025 the following order was passed by
this Court:-
"1. List revised. No one appears on behalf of the appellant to press this appeal and
CRLA No. 1781 of 2018
2
even application for modification dated 3.1.2023 for modification of the order dated
31.3.2022 of this Court. An application dated 30.10.2023 has also been filed with the
prayer to suspend the effect and operation of the impugned order of sentence dated
27.2.2018 which is also pending. No one is present even to press the same.
2. The paper book of the matter is ready. The matter is listed under the heading
"Convict in Custody" as reported by the office in it's report dated 8.6.2023.
3. Learned counsel for the State submits that he is ready for final arguments in the
matter. Since there is none to press the modification application and also application
of suspension of sentence despite three learned counsels appearing in the matter and
it is reported that the accused is in custody, let an intimation be sent to the accused-
appellant Dilip through C.J.M. concerned informing about the same and also asking
him as to whether he is interested in the matter to be decided through an Amicus-
Curiae who shall be appointed from the Panel Lawyers of the High Court Legal
Services Committee. The C.J.M. concerned shall send it's report and shall do the
needful within two weeks.
4. Let the matter be listed on 14.10.2025 along with connected matter.
5. Registrar (Compliance) to send this order to the court concerned within two days
for necessary information and its compliance."
4. Subsequently since the report of the concerned Chief Judicial Magistrate was not
received, on 14.10.2025 the following order was passed:
"1. List revised.
2. No one appears on behalf of the appellant to press this appeal despite the fact that
there are three learned counsels appearing in the matter. Sri Ajay Singh, learned
A.G.A.-I for State for the State is present.
3. Vide order dated 16.09.2025 this Court had directed that an intimation be sent to
the accused-appellant through the C.J.M. concerned informing him that his counsels
are not appearing in the matter and whether he is interested in the matter to be
decided through Amicus Curiae who shall be appointed from the Panel Lawyers of the
High Court Legal Services Committee. The C.J.M. was called upon to send its report
within two weeks.
CRLA No. 1781 of 2018
3
4. As per the office report dated 16.09.2025 the order dated 16.09.2025 has been sent
to the C.J.M., Budaun for necessary compliance but there is no report further
regarding the compliance report being received from the C.J.M. concerned.
5. Office to send a reminder to the Chief Judicial Magistrate concerned to send a
compliance report forthwith.
6. The present matter is listed in the category 'Convicts in Custody'.
7. Office to look into the same as the records show that the appellant was granted bail
vide order dated 31.03.2022 and list the matter in the correct & proper heading.
8. Let the matter be listed on 30.10.2025 along with the connected matter."
5. It was reported that the accused/appellant is residing in Mahamaya Nagar
(Hathras) and thus the said order was communicated to Chief Judicial Magistrate,
Mahamaya Nagar (Hathras) for its compliance. On 07.11.2024 the following order
was passed:-
"1. List revised.
2. No one appears on behalf of the appellant to press this appeal even in the revised
list.
3. Sri Ajay Singh, learned A.G.A.-I for the State is present. Perused the record.
4. A report dated 19.9.2025 of C.J.M., Budaun has been placed on record which states
that notice to the accused/appellant in compliance of the order dated 16.9.2025 of this
Court has been forwarded to C.J.M., District Mahamaya Nagar (Hathras) as the
accused resides within the said jurisdiction. There is no report placed on record of
C.J.M., Mahamaya Nagar (Hathras).
5. Office to send a reminder to the C.J.M. concerned for needful forthwith. Report be
sent within two weeks.
6. List on 28.11.2025 along with connected matter."
6. Office through its report dated 17.11.2025 has placed on record the report of
CRLA No. 1781 of 2018
4
C.J.M., Budaun, through its report dated 19.11.2025 has placed on record the report
of C.J.M., Hathras and through its report dated 09.12.2025 has placed on record the
report of C.J.M., Budaun. All the said report have been marked as Flag- "X". The first
referred report of C.J.M., Budaun is dated 13.11.2025 which states that for
compliance of the order dated 07.11.2025 of this Court, C.J.M., Mahamaya Nagar
(Hathras) has been communicated since the accused resides in the said district.
Further the report in pursuance to office report dated 19.11.2025 is of C.J.M,
Mahamaya Nagar (Hathras) which is dated 17.11.2025 which states that the
accused/appellant appeared before the said court on service of notice and his
statement was recorded. The said statement has been annexed with the said report. A
police report dated 09.10.2025 is also annexed which shows that notice has been
served on the accused after his search. C.J.M., Hathras recorded the statement of the
accused/appellant on 17.11.2025 in which he states he has served out the entire
sentence as awarded to him by the trial court and also deposited the fine as imposed
on him and thus he does not want to press this appeal. He further states that he does
not want to avail the benefit of Amicus Curiae in the appeal and the appeal be
disposed of. The said order reads as under:-
""बयान अपीलांट िदलीप कुमार पु्ऴ ्ऺथम िसह, उ्ा 35 वषर्, िनवासी ग़ाी तमन्ना, थाना हाथरस गेट, िजला
हाथरस, ने सशपथ िकया िक-
मेरे ्षारा जिरये अिधव्वा माननीय उच्च न्यायालय, इलाहाबाद में अपील संख्या 1781/2018, िदलीप बनाम
उ०्ऺ० राज्य एवं अन्य दायर की गई थी। माननीय उच्च न्यायालय ्षारा ्ऺेिषत नोिटस मुझे ्ऺाप्त हुई। चूंिक मेरे
्षारा उ्व मुकदमें में न्यायालय ्षारा िदये गये दंड को मैं पूणर् कर चुका चुका हूं तथा अिधरोिपत अथर्दंड का
भुगतान कर चुका हूं। मैं उ्व अपील पर बल नहीं देना चाहता हूं। न्याय िम्ऴ ( Amicus Curiae) के माध्यम
से उ्व ्ऺकरण का िनस्तारण कराने हेतु मेरी रूची नहीं है। अतः उ्व अपील को िनस्तािरत कर िदया जाये।"
7. Thus the fact which transpires is that the accused/appellant does not want to press
this appeal as he has served out the entire sentence awarded by the trial court and
also deposited the fine as imposed on him. At this stage it wold be relevant to probe as
to why the accused/appellant remained in jail and was not released from jail despite
he being granted bail in this appeal vide order dated 31.3.2022 by this Court. C.J.M.,
Budaun shall send a report to this Court as to whether the appellant/accused has
served out the entire sentence as awarded to him and deposited the fine and further
whether he had been released on bail in compliance of the order dated 31.3.2022 of
this Court. Perusal of the said order would go to show that realization of fine was not
stayed by this Court. If he had been released on bail then question of his undergoing
sentence as awarded to him would be needed to be further probed.
8. Let the matter be listed on 22.01.2026 along with connected matters and with the
said report of C.J.M. concerned.
CRLA No. 1781 of 2018
5
9. Registrar (Compliance) to communicate this order to the C.J.M., Budaun for
necessary action forthwith."
4. The office through its report dated 21.01.2026 has placed on record a report
received from the In-charge Chief Judicial Magistrate, Budaun, a perusal of which
goes to show that through report dated 12.01.2026 it is reported that the appellant has
deposited the fine imposed on him on 28.08.2025 and after serving out the entire
sentence as awarded to him has been released on 09.10.2025. He although was
granted bail but he did not file bail bonds and thus was not released from jail.
5. Thus awaiting response from the side of the appellant, as a last opportunity the
matter is adjourned for today.
6. Let the matter be listed on 09.03.2026 peremptorily along with the connected
matter."
4. As per the office report dated 27.02.2026, C.J.M. Hathras has reported
that notice has been served on the appellant through secondary and a
detailed report has been placed by the office on record which is Flag-
A. This Court has perused the report dated 06.01.2026 submitted by the
C.J.M., Hathras, which states the same. The report dated 05.01.2026 of
Police Station- Hathras Gate, District Hathras to the said effect that notice
has been served on Prem Singh, brother of the appellant and has also been
enclosed with it.
5. Further the office through its report dated 27.02.2026 has placed on
record a compliance report of Court's order dated 15.12.2025 as Flag-B, a
perusal of which goes to show that the in-charge Chief Judicial Magistrate
vide his report dated 12.01.2026, has reported that although, the appellant
was granted bail in the matter but he did not file the bail bonds and
sureties and later on, he deposited the fine imposed by the trial court and
served out the entire sentence awarded by the trial court and has been
released from jail on 09.10.2025.
6. On serving notice on the appellant and calling upon his willingness as
to whether he intended to be defended by the learned amicus curiae, he
had stated that he does not want to avail the benefit of amicus curiae in
the appeal and does not want to press the appeal and his appeal be
decided. The said fact has been mentioned by this Court in the order dated
15.12.2025 also.
CRLA No. 1781 of 2018
6
7. The trial court records have been received and the paper book of the
matter is ready. This appeal has been nominated to this Bench vide order
dated 07.09.2025 of Hon'ble the Chief Justice.
8. Since, the accused has served out the sentence awarded to him and also
deposited the fine as imposed upon him by the trial court and further he
states before the court concerned in response to an order of this Court that
he does not want to press this appeal and the appeal be thus decided
coupled with the fact that the appellant also states that he does not want to
avail the benefit of learned amicus curiae in the matter, the appeal is
dismissed as not pressed.
9. The matter is consigned to records.
10. Office to communicate this order to the trial court concerned along
with the trial court records forth with.
(Samit Gopal,J.)
May 12, 2026
Nisha
Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad
Checking your session…