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Allahabad High Court

SMT. KAMLESHversusSTATE

Decided

Holding

The appeal stands abated due to the death of the appellant.

Summary

The appellant, Smt. Kamlesh, filed a criminal appeal (No. 2732 of 1987) against a judgment of the Additional Sessions Judge, Muzaffar Nagar. While the appeal was pending, the court ordered a verification of the appellant’s living status. A report from the Chief Judicial Magistrate dated 07‑09‑2026 confirmed that the appellant had died. On the basis of this finding, the High Court held that the appeal could not continue. Consequently, the appeal was abated and the trial court records were ordered to be sent back.

Issues considered

  • The appeal can proceed despite the death of the appellant.

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       CRIMINAL APPEAL No. - 2732 of 1987

                                    Smt. Kamlesh
                                                                                                .....Appellant(s)
                                                                       Versus

                                    State
                                                                                              .....Respondent(s)

                                    Counsel for Appellant(s)                         :   Kundan Singh
                                    Counsel for Respondent(s)                        :   A.G.A.

                                    Court No. - 76
                                                          HON'BLE SAMIT GOPAL, J.

                                    1. List revised.

                                    2. No one appears on behalf of the appellant to press this appeal. Sri Bade
                                    Lal Bind, learned State counsel is present, who has been heard.

                                    3. The present appeal has been filed by the appellant Smt.
                                    Kamlesh against the judgment and order dated 30.10.1987 passed by VI
                                    Additional Sessions Judge, Muzaffar Nagar in Sessions Trial No. 48 of
                                    1987, Police Station Kotwali, District Muzaffar Nagar.

                                    4. As per office report dated 11.09.2026 a report from C.J.M. concerned
                                    was called for regarding living status of the appellant in present appeal. In
                                    compliance of the said order, C.J.M. concerned vide letter dated
                                    07.09.2026 informed that the appellant - Smt. Kamlesh has died. The said
                                    report has been sent after due enquiry.

                                    5. Accordingly, the appeal stands abated.

                                    6. The trial court records, if received, be sent back along with the
                                    communication of this order. Office to communicate this order to the
                                    District and Sessions Judge, concerned within two weeks from today.


                                                                                               (Samit Gopal,J.)
                                    September 14, 2026
                                    M. ARIF




Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad


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