Allahabad High Court
MANGAL CHAUHANversusSTATE OF U.P.
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The appeal stands dismissed as abated due to the appellant's death.
Summary
The appellant, Mangal Chauhan, died while his criminal appeal was pending before the Allahabad High Court. The court, on 30 July 2026, ordered a living status report from the Chief Judicial Magistrate of Ghaziabad. The magistrate confirmed the appellant's death on 29 August 2026. Consequently, the court held that the appeal could not proceed and dismissed it as abated. The court also allowed the accompanying criminal miscellaneous abatement application.
Issues considered
- The effect of the death of an appellant on a pending criminal appeal.
Subjects
- death of appellant
- abatement
- criminal appeal
- procedural law
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2458 of 2019
Mangal Chauhan
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Avinash Mani Tripathi, Narendra
Kumar Yadav, Ritesh Srivastava,
Shweta Singh
Counsel for Respondent(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Sri Ritesh Srivastava, learned counsel for the appellant informs that
appellant Mangal Chauhan has died during the pendency of appeal.
2. By order dated 30.07.2026, this Court called for living status report of
the appellant through the Chief Judicial Magistrate concerned.
3. The Chief Judicial Magistrate, Ghaziabad by his report dated
29.08.2026 has confirmed that the sole appellant has died.
4. In view of the aforesaid, the present appeal stands dismissed as abated.
5. The criminal misc. abatement application no. 2 of 2026 is allowed.
(Vikram D. Chauhan,J.)
September 9, 2026
Aiman
Digitally signed by :-
AIMAN FAROOQUI
High Court of Judicature at Allahabad
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