Allahabad High Court
SHIV PD. @ RAJA PANDITversusSTATE OF. U.P.
- Decided
- Bench
- DEEPAK VERMA
Holding
The appeal stands abated due to the death of the appellant.
Summary
The appellant, Shiv Prasad @ Raja Pandit, filed a criminal appeal before the Allahabad High Court. The Chief Judicial Magistrate of Kanpur Nagar reported that the appellant died on 29 November 2010. The court considered whether the appeal could continue after the appellant's death. Relying on the principle that a criminal proceeding abates upon the death of the accused, the court held that the appeal could not proceed. Consequently, the appeal was abated and the record was consigned.
Issues considered
- Whether the death of the appellant abates the criminal appeal.
Subjects
- appeal
- abeyance
- death of appellant
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2642 of 1988
Shiv Pd. @ Raja Pandit
.....Appellant(s)
Versus
State Of. U.P.
.....Respondent(s)
Counsel for Appellant(s) : R.C. 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, Kanpur Nagar dated
12.3.2026, the sole appellant, namely Shiv Prasad @ Raja Pandit, is
reported to have died on 29.11.2010.
In view of the aforesaid report of the Chief Judicial Magistrate, Kanpur
Nagar, 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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