Allahabad High Court
DAL CHANDversusSTATE OF U.P.
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The appeal is dismissed as abated because the appellant(s) have died.
Summary
An appeal (Criminal Appeal No. 2221 of 1985) was filed by Dal Chand and co‑appellants against the State of U.P. The court noted that, according to an office report dated 18 March 2026 and a report of the Chief Judicial Magistrate, Etah, the appellant Dal Chand and two co‑appellants had died. In view of their deaths, the court held that the appeal could not proceed and dismissed it as abated. The case record was consigned to the record room, and the trial court record was ordered to be sent back to the trial court concerned. No substantive merits of the appeal were considered because of the abatement.
Issues considered
- Does the death of an appellant cause a criminal appeal to be dismissed as abated?
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2221 of 1985
Dal Chand
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : A.B.L.Gaur
Counsel for Respondent(s) : A.G.A.
Court No. - 80
HON'BLE CHAWAN PRAKASH, J.
1. List has been revised. None present for the appellant. Learned A.G.A.
for the State is present.
2. As per office report dated 18.03.2026 and report of the Chief Judicial
Magistrate, Etah, appellant no. 1 Dal Chand, appellant no. 2 Charan Singh
and appellant no. 3 Chandra Prakash have died. Hence appeal against
them is dismissed as abated.
3. The record of this case is consigned to record room.
4. Office is directed to send back the trial court record to the trial court
concerned.
(Chawan Prakash,J.)
March 19, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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