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Allahabad High Court

RAJA RAM AND ANR.versusSTATE OF U.P.

Decided

Holding

The appeal was dismissed as abated due to the death of all appellants.

Summary

The appeal was filed by Raja Ram and another appellant, Sri Krishna, against the State of U.P. During the pendency of the appeal, the report of the CJM Shahjahanpur dated 20.03.2026 confirmed the death of appellant No.2, Sri Krishna. Earlier, the appeal of appellant No.1, Raja Ram, had already been abated. Consequently, with both appellants deceased, the High Court held that the criminal appeal could not continue. The Court therefore dismissed the appeal as abated. The trial court record was ordered to be returned to the concerned lower court.

Issues considered

  • What is the effect of the death of all appellants on a pending criminal appeal?

Subjects

  • abatement
  • death of parties
  • criminal appeal
  • procedural law
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                      CRIMINAL APPEAL No. - 2900 of 1984

                                    Raja Ram And Anr.
                                                                                                  .....Appellant(s)
                                                                       Versus
                                    State of U.P.
                                                                                                .....Respondent(s)

                                    Counsel for Appellant(s)         : G.C. Saxena, Raghvendra Pratap Singh,
                                                                       Rajesh Kr Kanaujia, Shyam Singh
                                                                       Somvanshi
                                    Counsel for Respondent(s)        : A.G.A.

                                    Court No. - 86
                                                HON'BLE SUBHASH CHANDRA SHARMA, J.

                                    Sri Shyam Singh Somvanshi learned counsel for the appellants as well as
                                    learned A.G.A. are present.

                                    As per report of C.J.M. Shahjahanpur dated 20.03.2026, the appellant no. 2,
                                    Sri Krishna has died. As a result appeal stands abated for appellant no. 2, Sri
                                    Krishna.

                                    Since the appeal for appellant no. 1 Raja Ram has already been abated,
                                    therefore, due to death of appellant nos. 1 and 2, this appeal stands abated.

                                    Accordingly, this criminal appeal is dismissed as abated.

                                    Trial court record be returned to the concerned court.
                                    May 6, 2026
                                    Suraj Srivastav
                                                                                 (Subhash Chandra Sharma,J.)




Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad


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