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Allahabad High Court

HARNAM SINGH AND ORS.versusSTATE

Decided

Holding

The appeal is dismissed as abated due to the death of the appellants.

Summary

The appellants, Harnam Singh and Kunwar Singh, filed a criminal appeal before the Allahabad High Court. During the pendency of the appeal, both appellants passed away—Kunwar Singh on 2 February 2022 and Harnam Singh on 6 December 2025. The court received an official report confirming their deaths. The legal question was whether the appeal could continue after the death of the parties. The court held that the appeal could not proceed and therefore dismissed it as abated, consigning the matter to the record.

Issues considered

  • Can a criminal appeal be maintained when the appellant has died?

Subjects

  • appeal abatement
  • death of appellant
  • criminal procedure
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     CRIMINAL APPEAL No. - 2359 of 1988

                                    Harnam Singh And Ors.
                                                                                               .....Appellant(s)
                                                                      Versus
                                    State
                                                                                             .....Respondent(s)

                                    Counsel for Appellant(s)       : G.P. Dixit, Raghuraj Singh, Satendra
                                                                     Singh
                                    Counsel for Respondent(s)      : A.G.A.

                                    Court No. - 93
                                               HON'BLE MRS. VANI RANJAN AGRAWAL, J.

                                    1. Learned counsel for the appellants and learned A.G.A. for the State are
                                    present.

                                    2. It is informed by learned counsel for the appellants that both the
                                    appellants have died.

                                    3. As per the office report dated 11.05.2026 a report of CJM, Auraiya dated
                                    04.05.2026 has been received stating therein that the appellant No.1 Harnam
                                    Singh has died on 06.12.2025 and appellant No.2- Kunwar Singh has died
                                    on 02.02.2022.
                                    4. In view of the above, the appeal is dismissed as abated and consigned to
                                    record.
                                    May 12, 2026
                                    P. Pandey
                                                                               (Mrs. Vani Ranjan Agrawal,J.)




Digitally signed by :-
PUSHPENDRA PANDEY
High Court of Judicature at Allahabad


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