Created by Fuzzy Cloud

Allahabad High Court

MANGAL KHANversusSTATE OF U.P.

Decided

Holding

The appeal was deemed abated and dismissed due to the appellant's death.

Summary

The appellant, Mangal Khan, filed a criminal appeal (No. 2125 of 1987) before the Allahabad High Court challenging a conviction. During the pendency of the appeal, the Chief Judicial Magistrate of Shahjahanpur reported on 27 August 2026 that the appellant had died. The court considered whether the death of the appellant caused the appeal to abate. Relying on established principles that a criminal appeal cannot continue when the appellant is deceased, the court held that the appeal was extinguished. Consequently, the appeal was dismissed, the appellant's personal bonds were cancelled, and the sureties were discharged.

Issues considered

  • The death of the appellant, Mangal Khan, and its effect on the continuance of the criminal appeal.

Subjects

  • appeal abatement
  • death of appellant
  • criminal procedure
  • surety discharge
  • high court judgment

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       CRIMINAL APPEAL No. - 2125 of 1987

                                    Mangal Khan
                                                                                             .....Appellant(s)
                                                                     Versus

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

                                    Counsel for Appellant(s)         :   Mohd. Ayub, R.K.Gupta Amicus
                                    Counsel for Respondent(s)        :   A.G.A.

                                    Court No. - 45
                                                     HON'BLE SALIL KUMAR RAI, J.
                                                     HON'BLE PADAM NARAIN MISHRA, J.


                                    The office report dated 30.09.2026 states that the Chief Judicial
                                    Magistrate, Shahjahanpur vide his letter dated 27.08.2026 has
                                    reported that the sole appellant Mangal Khan has died.

                                    In view of the aforesaid, the appeal is declared to have abated and is
                                    dismissed as such.

                                    His personal bonds are cancelled and sureties are discharged.



                                                            (Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
                                    October 1, 2026
                                    Anurag/-




Digitally signed by :-
ANURAG KUMAR VERMA
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.