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Allahabad High Court

NAND KISHOREversusBENI SINGH AND OTHERS

Decided

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

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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