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Allahabad High Court

SHYAM LAL AND ANOTHERversusSTATE OF U.P.

Decided

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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