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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