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Allahabad High Court

GIRRAJversusSTATE OF U.P.

Decided

Holding

The appeal stands abated due to the appellant's death.

Summary

The appellant Girraj filed a criminal appeal (No. 2579 of 1988) before the Allahabad High Court. The Chief Judicial Magistrate, Mathura, reported on 3 January 2026 that Girraj had died on 26 October 2016. The court considered whether the appeal could continue in view of the appellant's death. It held that the death of the appellant abates the pending appeal. Consequently, the appeal was dismissed as there was no longer a party to pursue it. The record was ordered to be consigned.

Issues considered

  • Does the death of an appellant abate a pending criminal appeal?

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL APPEAL No. - 2579 of 1988

                                    Girraj
                                                                                                .....Appellant(s)
                                                                      Versus

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

                                    Counsel for Appellant(s)                               :       Tej Pal
                                    Counsel for Respondent(s)                              :       A.G.A.

                                    Court No. - 74
                                                       HON'BLE DEEPAK VERMA, J.

                                    As per the report of the Chief Judicial Magistrate, Mathura dated
                                    03.01.2026, the sole appellant, namely Girraj, is reported to have died on
                                    26.10.2016.

                                    In view of the aforesaid report of the Chief Judicial Magistrate, Mathura,
                                    the present appeal stands abated.

                                    Let the record be consigned.



                                                                                          (Deepak Verma,J.)
                                    May 5, 2026
                                    KJ




Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad


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