Created by Fuzzy Cloud

Allahabad High Court

HANUMAN PRASADversusSTATE OF U.P.

Decided

Holding

A criminal appeal is abated upon the death of the sole appellant and must be dismissed.

Summary

Hanuman Prasad filed Criminal Appeal No. 2038 of 1984 before the Allahabad High Court against the State of U.P. The appellant failed to appear at the hearing, and the respondent's counsel was present. The court received a death verification report confirming that the sole appellant had died. The legal question was whether the appeal could proceed after the death of the only appellant. The court held that a criminal appeal abates upon the death of the appellant and therefore cannot continue. Consequently, the appeal was dismissed as abated and the original record was ordered to be returned to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the sole appellant

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                        CRIMINAL APPEAL No. - 2038 of 1984

                                    Hanuman Prasad
                                                                                              .....Appellant(s)
                                                                      Versus

                                    State of U.P.
                                                                                             .....Respondent(s)

                                    Counsel for Appellant(s)                        :   Mohd. Aiyub
                                    Counsel for Respondent(s)                       :   A.G.A.

                                    Court No. - 77
                                                     HON'BLE SANJAY KUMAR PACHORI, J.

                                    Even in the revised list none has appeared for the appellant. However,
                                    learned A.G.A. is present.

                                    As per office report, the sole appellant namely, Hanuman Prasad has died.

                                    The detailed death verification report has been submitted by the Chief
                                    Judicial Magistrate, Prayagraj which is on record.

                                    After the death of sole appellant the present criminal appeal is dismissed
                                    as abated.

                                    Office is directed to return the original record if any to the court
                                    concerned immediately.



                                                                                  (Sanjay Kumar Pachori,J.)
                                    September 30, 2026
                                    A.




Digitally signed by :-
AFAQ AHMAD
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.