Allahabad High Court
NAND KISHOREversusBENI SINGH AND OTHERS
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The appeal was dismissed as abated due to the death of the sole appellant and lack of representation.
Summary
The appellant Nand Kishore appealed against the acquittal of the respondents in a complaint under Sections 494 and 109 of the IPC by the 1st Additional Munsif Magistrate, Aligarh. No counsel appeared for the appellant during the revised call. The appellant died, and his legal heirs declined to contest the appeal, with no application for impleadment filed. The High Court considered whether the appeal could continue in the absence of a living appellant or representative. Finding that the appeal could not proceed, the Court dismissed it as abated.
Issues considered
- Whether an appeal can be maintained after the death of the sole appellant without any representation or impleadment of legal heirs.
Legislation cited
- Indian Penal Code — s. 109, 494
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 494 IPC
- Section 109 IPC
- acquittal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2451 of 1984
Nand Kishore
.....Appellant(s)
Versus
Beni Singh And Others
.....Respondent(s)
Counsel for Appellant(s) : T.Rathore
Counsel for Respondent(s) : A.G.A.
Court No. - 80
HON'BLE VIVEK KUMAR SINGH, J.
1. The present appeal has been field by the appellant against the judgment
and order dated 30.08.1982 passed by the 1st Additional Munsif
Magistrate, Aligarh in Complaint Case No.753 of 1982 whereby the
respondents were acquitted from the charges under Section 494 and 109
IPC by the learned trial court.
2. No one has appeared on behalf of the appellant even in the revised call.
3. As per office report dated 15.12.2018, based on the reports of the Chief
Judicial Magistrate, Aligarh dated 12.11.2018 and 22.11.2018, the sole
appellant Nand Kishore has died. Reports further reflect that the legal
heirs of the sole appellant do not want to remain present in court to
contest the matter. No impleadment application has been moved on behalf
of the legal heirs of the appellant.
4. In this view of the matter, the present appeal stands dismissed as
abated.
(Vivek Kumar Singh,J.)
May 12, 2026
Nitendra
Digitally signed by :-
NITENDRA TIWARI
High Court of Judicature at Allahabad
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