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Allahabad High Court

GANGA YADAVversusSTATE OF U.P.

Decided

Holding

The appeal was abated and dismissed due to the death of the sole appellant.

Summary

Ganga Yadav filed a criminal appeal (No. 2567 of 1988) against the State of Uttar Pradesh in the Allahabad High Court. The appellant's counsel was Haridwar Singh and Janardan Yadav, while the State was represented by the Advocate General. No appearance was made by the appellant, and the State's compliance affidavit was recorded. An office report dated 27 July 2026 confirmed that Ganga Yadav died on 31 May 2026. The court held that the death of the sole appellant caused the appeal to abate, and consequently dismissed the appeal as abated.

Issues considered

  • What is the effect of the death of a sole appellant on a pending criminal appeal?

Subjects

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

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                         CRIMINAL APPEAL No. - 2567 of 1988

                                    Ganga Yadav
                                                                                                   .....Appellant(s)
                                                                        Versus

                                    State of U.P.
                                                                                                  .....Respondent(s)

                                    Counsel for Appellant(s)            :   Haridwar Singh, Janardan Yadav
                                    Counsel for Respondent(s)           :   A.G.A.

                                    Court No. - 80
                                                       HON'BLE NAND PRABHA SHUKLA, J.

                                    1. Compliance affidavit filed by learned A.G.A. for the State is taken on
                                    record.

                                    2. No one has appeared for the appellant. Learned A.G.A. for the State is
                                    present.

                                    3. As per the Office Report dated 27.07.2026, sole appellant Ganga Yadav
                                    has died on 31.05.2026, accordingly, the appeal against the sole appellant
                                    Ganga Yadav stands abated.

                                    4. The instant appeal is, accordingly, dismissed as abated.



                                                                                       (Nand Prabha Shukla,J.)
                                    September 9, 2026
                                    Shivani Sri.




Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad


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