Allahabad High Court
JAI SINGH AND OTHERSversusSTATE
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The appeal is dismissed as abated due to the death of the appellants.
Summary
The appeal was filed by Jai Singh and others against the State. During the pendency of the appeal, the Chief Judicial Magistrate reported that appellant No.1 Jai Singh and appellant No.2 Ram Swarup had died. The court considered whether the death of the appellants extinguished the proceedings. It held that the death of the parties caused the appeal to abate. Consequently, the appeal was dismissed as abated and the trial court record, if any, was to be sent back. The case file was consigned to the record.
Issues considered
- Does the death of an appellant abate criminal appeal proceedings?
Subjects
- criminal appeal
- abatement
- death of parties
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2048 of 1986
Jai Singh And Others
.....Appellant(s)
Versus
State
.....Respondent(s)
Counsel for Appellant(s) : P. Gaur, Suresh Singh Gautam
Counsel for Respondent(s) : A.G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Case called out. No one is present for appellants. Learned A.G.A. is
present for State.
2. As per office report of the Chief Judicial Magistrate, Kanpur Dehat dated
04.04.2026, appellant no.1 Jai Singh and appellant no.2 Ram Swarup have
has died.
3. Hence, proceedings against both the appellants stand abated.
4. Since the both the appellants of this case have died, the appeal is
dismissed as abated.
5. The Trial Court record, if summoned, be sent back.
6. This file is consigned to record.
(Chawan Prakash,J.)
April 20, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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