Allahabad High Court
KHELA SINGH AND ANOTHERversusSTATE
- Decided
- Bench
- AVNISH SAXENA
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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