Allahabad High Court
GUNGE @ DEO NATHversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The appeal is abated because the sole appellant has died.
Summary
The appellant, Gunge @ Deo Nath, filed Criminal Appeal No. 2874 of 1988 against the State of U.P. While the appeal was pending, the Chief Judicial Magistrate of Jaunpur submitted a report dated 06‑02‑2026 indicating that the appellant had died, as confirmed by a report dated 07‑01‑2026. The High Court examined the report and found it satisfactory that the appellant was no longer alive. Since the appellant was the sole party to the appeal, the Court held that the proceedings could not continue. Consequently, the Court ordered that the appeal stand abated. The lower court record was directed to be sent back to the concerned court.
Issues considered
- What is the effect on a pending criminal appeal when the sole appellant dies before the appeal is decided?
Subjects
- death of appellant
- abated appeal
- criminal procedure
- high court
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2874 of 1988
Gunge @ Deo Nath
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : , Bal Krishna Rai
Counsel for Respondent(s) : S.C.
Court No. - 92
HON'BLE JAI PRAKASH TIWARI, J.
The office has submitted a report dated 06.02.2026, in which it transpires
that the C.J.M. Jaunpur vide its reported dated 07.01.2026 has reported
that the sole-appellant namely, Gunge @ Deo Nath, has passed away.
I have perused the report submitted by the Chief Judicial Magistrate,
Jaunpur (Flag D) from which it appears that the sole appellant has died.
In view of above as, the appellant is no more, the appeal stands abated.
Let the lower court record sent back to the court concerned.
(Jai Prakash Tiwari,J.)
March 19, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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