Allahabad High Court
GUDDU AGNIOHOTRI AND ANOTHERversusSTATE OF U.P.
- Decided
Holding
The appeal is abated because both appellants are deceased.
Summary
The High Court examined a criminal appeal filed by Guddu Agnihotri and Abdulla against the State of U.P. After a report and death certificate confirmed that Guddu Agnihotri had died on 6 November 2002, the court also noted that Abdulla, the second appellant, was already dead, leading to a petition for abatement of the appeal. The court considered whether the death of both appellants warranted the abatement of the pending appeal. Relying on procedural rules and the reports of the Chief Judicial Magistrate, the court held that the appeal could not continue as there were no surviving parties to pursue it. Consequently, the appeal was recorded as abated and the case files were consigned. The order was passed in the presence of counsel for both sides.
Issues considered
- Whether a criminal appeal must be abated upon the death of all appellants
Subjects
- abatement
- death of appellant
- criminal appeal
- procedural law
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2752 of 1985
Guddu Agnihotri and another
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : G.P. Dixit
Counsel for Respondent(s) : DGA
Along with :
1. Criminal Appeal No. 2788 of 1985:
Ramesh Mochi and another
Versus
State of U.P.
Court No. - 44
HON'BLE J.J. MUNIR, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. A report has been submitted by the learned Chief Judicial
Magistrate, Kanpur Nagar dated 14.03.2006, saying that appellant no. 1,
Guddu Agnihotri, has passed away on 06.11.2002. His nephew, Saurabh
Kumar Tiwari, has produced a death certificate regarding the first
appellant's death before the learned Chief Judicial Magistrate, Kanpur
Nagar.
2. The statement of Sub-Inspector of Police, Ankush Chaudhary and
the first appellant's nephew, Saurabh Kumar Tiwari have been recorded
by the learned Chief Judicial Magistrate, Kanpur Nagar in support of the
factum of death, in accordance with the circulars of this Court. The
relevant papers and testimony of the two witnesses have been annexed to
the learned Chief Judicial Magistrate's report.
CRLA No. 2752 of 1985
2
3. In this view of the matter, it is held that appellant no. 1, Guddu
Agnihotri is dead. This appeal was instituted on behalf of two appellants,
to wit, Guddu Agnihotri and Abdulla. This appeal, at the instance of
Abdullah, has already been ordered to abate, the said appellant having
passed away. Now that the first appellant, Guddu Agnihotri, is dead, let
abatement of the appeal at his instance, be also recorded in the cause title.
4. In view of the fact that both the appellants are no more, this appeal
stands abated.
5. Let the records be consigned.
6. This order has been passed in the presence of learned Counsel for
parties.
(Vinai Kumar Dwivedi,J.) (J.J. Munir,J.)
March 16, 2026
I. Batabyal
Digitally signed by :-
ISHAN BATABYAL
High Court of Judicature at Allahabad
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