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Allahabad High Court

MAHIPAL AND OTHERSversusSTATE

Decided

Holding

The appeal stands abated because all appellants are reported dead.

Summary

The appellants Mahipal and others filed a criminal appeal before the Allahabad High Court. No counsel appeared on their behalf to argue the appeal. The court received a report dated 27 April 2026 indicating that all the appellants had died, as confirmed by the Chief Judicial Magistrate, Agra. Since the parties who filed the appeal were deceased, the court held that the appeal could not continue. Consequently, the appeal was deemed abated and no further proceedings were ordered.

Issues considered

  • The appeal can proceed despite the death of all appellants.

Subjects

  • appeal abatement
  • death of parties
  • procedural law
  • criminal appeal
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL APPEAL No. - 2692 of 1985

                                    Mahipal And Others
                                                                                               .....Appellant(s)
                                                                      Versus

                                    State
                                                                                             .....Respondent(s)

                                    Counsel for Appellant(s)                             :    P.N.Misra
                                    Counsel for Respondent(s)                            :    A.G.A.

                                    Court No. - 84
                                                     HON'BLE JAI PRAKASH TIWARI, J.

                                    Case is called out. No one has appeared on behalf of the appellants to
                                    press this appeal.

                                    As per office report dated 27.4.2026, report of the C.J.M., Agra dated
                                    23.4.2026 has been received regarding death of all the appellants.

                                    Since the appellants are reported to be dead, the appeal stands abated.



                                                                                       (Jai Prakash Tiwari,J.)
                                    April 28, 2026
                                    KJ




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

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