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Allahabad High Court

NATHU SINGHversusNANHEY SINGH

Decided

Holding

The appeal is dismissed as the appellant is deceased and no legal heirs are available to pursue the appeal.

Summary

This is Criminal Appeal No. 2298 of 1985 filed by Nathu Singh against Nanhey Singh. The appellant, Nathu Singh, had died on 29 October 2005 and no legal heirs or family members were residing at the address on record. Counsel for both parties were absent, while the State's A.G.A. was present. The court examined the fact of the appellant's death and the lack of any representative to pursue the appeal. In view of these circumstances, the court held that the appeal could not be continued and dismissed it.

Issues considered

  • Whether a criminal appeal can be entertained when the appellant is deceased and no legal heirs are available to represent him

Subjects

  • criminal appeal
  • death of appellant
  • absence of legal heirs
  • procedural dismissal

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL APPEAL No. - 2298 of 1985

                                    Nathu Singh
                                                                                              .....Appellant(s)
                                                                      Versus

                                    Nanhey Singh
                                                                                            .....Respondent(s)

                                    Counsel for Appellant(s)          :   Krishna Kapoor, Tomer Agrawal
                                    Counsel for Respondent(s)         :   A.G.A.

                                    Court No. - 87
                                                        HON'BLE ABDUL SHAHID, J.

                                    1. Case called out. Learned counsel for the appellant and the learned
                                    counsel for the opposite parties are not present. However, learned A.G.A.
                                    for the State is present.

                                    2. As per the office report dated 17.03.2026, appellant Natthu Singh died
                                    on 29.10.2005, and neither his legal heirs nor any of his family members
                                    are residing at the given address.

                                    3. In view of the facts and circumstances of the case, the criminal appeal
                                    is liable to be dismissed and is accordingly dismissed.



                                                                                           (Abdul Shahid,J.)
                                    March 18, 2026
                                    M. Tarik




Digitally signed by :-
MOHD TARIK
High Court of Judicature at Allahabad


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