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Allahabad High Court

KHELA SINGH AND ANOTHERversusSTATE

Decided

Holding

The appeal is dismissed as abated due to the death of both appellants and the lack of any substitution.

Summary

The appeal, filed by Khela Singh and Gatuwa (Butuwa) against the State, was taken up in the Allahabad High Court. No counsel appeared for the appellants, and the State was represented by an Additional Government Advocate. The Chief Judicial Magistrate, Banda, submitted a report indicating that appellant No.1, Khela Singh, died on 1 July 2022, and appellant No.2, Gatuwa, had died twenty years earlier. No application for substitution of the deceased parties was made. Consequently, the Court held that the appeal could not proceed and dismissed it as abated, ordering the record to be remitted.

Issues considered

  • What is the effect of the death of an appellant on a pending criminal appeal?
  • Whether the appeal can continue in the absence of a substitution of the deceased appellant?

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • substitution
  • procedural law

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL APPEAL No. - 2175 of 1985

                                    Khela Singh And Another
                                                                                               .....Appellant(s)
                                                                       Versus

                                    State
                                                                                              .....Respondent(s)

                                    Counsel for Appellant(s)                      :   V.B. Rao, V.B.Rao
                                    Counsel for Respondent(s)                     :   A.G.A.

                                    Court No. - 78
                                                        HON'BLE AVNISH SAXENA, J.

                                    1. The oldest criminal appeal is taken up.

                                    2. Learned A.G.A. for the State is present.

                                    3. None appeared for appellants.

                                    4. The detailed report of appellant nos.1 and 2 is furnished by the Chief
                                    Judicial Magistrate, Banda in letter dated 07.02.2026. It is revealed that
                                    appellant no.1 Khela Singh s/o Pratap Singh has passed away on
                                    01.07.2022, whereas, the appellant no.2 Gatuwa (Butuwa) s/o Kandhi has
                                    passed away 20 years back. There is nothing on record to show the
                                    substitution of appellant to continue with the appeal.

                                    5. The appeal is, therefore, dismissed as abated against both the
                                    appellants.

                                    6. The record be remitted back forthwith.



                                                                                            (Avnish Saxena,J.)
                                    March 18, 2026
                                    Shivangi




Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad


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