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Allahabad High Court

HAKIM SINGHversusSTATE

Decided

Holding

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

Summary

The appellant Hakim Singh filed a criminal appeal against a judgment of the II Additional Sessions Judge, Shahjahanpur, dated 09.10.1985. No counsel appeared for the appellant, while the State counsel was present. An office report dated 15.09.2026, received in compliance with a prior order, confirmed that the appellant and two co‑accused had died after due enquiry. On the basis of this report, the High Court held that the appeal could not proceed and therefore stood abated. The trial court records, if received, were ordered to be sent back with the communication of the order.

Issues considered

  • What is the effect on a pending criminal appeal when the appellant dies before the appeal is heard?

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       CRIMINAL APPEAL No. - 2834 of 1985

                                    Hakim Singh
                                                                                               .....Appellant(s)
                                                                      Versus

                                    State
                                                                                             .....Respondent(s)

                                    Counsel for Appellant(s)                          :    G.S. Hajela
                                    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 V.D.
                                    Ojha, learned State counsel is present, who has been heard.

                                    3. The present appeal has been filed by the appellant Hakim Singh against
                                    the judgment and order dated 09.10.1985 passed by II Additional Sessions
                                    Judge, Shahjahanpur in Session Trial No. 71 of 1984, Police Station
                                    Sehramau, District Shahjahanpur.

                                    4. As per office report dated 15.09.2026 in compliance of order dated
                                    25.08.2026 a report from C.J.M., Shahjahanpur has been received stating
                                    therein that the appellant Hakim Singh, Shiv Pal Singh and Shiv Veer
                                    Singh have 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 16, 2026
                                    M. ARIF




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

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