Allahabad High Court
SHYAM LAL AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The appeal is dismissed as abated because both appellants have died.
Summary
The appellants, Shyam Lal and Vijai Singh, filed a criminal appeal against the State of U.P. While the appeal was pending, Vijai Singh died, as reported in an office memo dated 08‑09‑2026. Subsequently, the court learned that Shyam Lal had also died, leading to the conclusion that both appellants were deceased. Under the principle that criminal proceedings abate upon the death of the accused, the High Court held that the appeal could no longer continue. Consequently, the court dismissed the appeal as having abated. The matter was ordered to be consigned to the record and the original trial court file was to be returned forthwith.
Issues considered
- What is the effect of the death of all appellants on a pending criminal appeal?
Subjects
- criminal appeal
- abated proceedings
- death of accused
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 1995 of 1984
Shyam Lal And Another
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : N.K. Chaturvedi
Counsel for Respondent(s) : A.G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. As per the office report dated 08.09.2026, based on the report of the Chief
Judicial Magistrate, Firozabad dated 02.09.2026, appellant no. 2, Vijai @
Vijai Singh, has died. Accordingly, the proceedings against him stand
abated.
2. In view of the above, since both the appellants have already expired, the
present Criminal Appeal stands dismissed as having abated.
3. The appeal be consigned to record and the original record be remitted
back to the concerned trial court forthwith.
September 9, 2026
Vikram
(Chawan Prakash,J.)
Digitally signed by :-
VIKRAM SINGH
High Court of Judicature at Allahabad
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