Allahabad High Court
HAKIM SINGHversusSTATE
- Decided
- Bench
- SAMIT GOPAL
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
Checking your session…