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Allahabad High Court

DEVI PRASADversusSTATE OF U.P.

Decided

Holding

The appeal is abated in toto due to the death of the appellant and the absence of any application to continue it.

Summary

The appellant Devi Prasad filed a criminal appeal before the Allahabad High Court. During the pendency, an office report dated 16 March 2026 confirmed that Devi Prasad had died. No relative filed an application to continue the appeal on his behalf. The court noted that a related appeal (Appellant No. 2, Bhoja) had already been abated on 25 July 2018. Consequently, the court held that the appeal of Devi Prasad also stands abated and ordered the trial court record to be returned. The appeal was therefore dismissed as abated in toto.

Issues considered

  • Whether an appeal can continue after the death of the appellant in the absence of a statutory application by a relative?

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                        CRIMINAL APPEAL No. - 1990 of 1988

                                    Devi Prasad
                                                                                                    .....Appellant(s)
                                                                        Versus
                                    State of U.P.
                                                                                                  .....Respondent(s)

                                    Counsel for Appellant(s)        :   , I M Khan, Indra Pal Singh Rajpoot, Manish
                                                                        Chand Umrao, Sushil Kumar Chaturvedi
                                    Counsel for Respondent(s)       :   , AGA

                                    Court No. - 42
                                                         HON'BLE SIDDHARTHA VARMA, J.
                                                         HON'BLE PRASHANT MISHRA-I, J.

                                    1. We find that viz-a-viz, Appellant No. 2, Bhoja, appeal had already been
                                    abated on 25.07.2018.

                                    2. There is an office report dated 16.03.2026 which states that Appellant
                                    No. 1, Devi Prasad had already died.We also find that no application has
                                    been filed by any near relative of Appellant No. 1, Devi Prasad for
                                    continuing this appeal, therefore appeal with regard to appellant no. 1,
                                    Devi Prasad is also dismissed as abated.

                                    3. The appeal, therefore is abated in toto.

                                    4. Trial court record be returned to the concerned trial court forthwith.

                                    March 17, 2026
                                    A. Mandhani
                                                                    (Prashant Mishra-I,J.) (Siddhartha Varma,J.)




Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad


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