Allahabad High Court
LAKHANversusSTATE
- Decided
- Bench
- RAJ BEER SINGH
Holding
The appeal was dismissed as abated because the appellant had died and no heir applied to pursue the appeal.
Summary
Lakhan appealed against a conviction of the State in Criminal Appeal No. 2946 of 1988 before the Allahabad High Court. The appeal remained pending for many years. A letter dated 26 March 2026 from the Chief Judicial Magistrate, Hamirpur, informed the Court that the appellant, Lakhan, had died. No application was filed by any legal heir to continue the appeal. Consequently, the Court held that the appeal could not proceed and dismissed it as abated, ordering the trial court record to be sent back.
Subjects
- appeal abatement
- death of appellant
- criminal appeal
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2946 of 1988
Lakhan
.....Appellant(s)
Versus
State
.....Respondent(s)
Counsel for Appellant(s) : P.K.Asthana
Counsel for Respondent(s) : A.G.A.
Court No. - 90
HON'BLE RAJ BEER SINGH, J.
None for appellant despite taking case in revised list. Learned AGA for the
State is present.
As per letter dated 26.03.2026 sent by C.J.M., Hamirpur, sole appellant
Lakhan has died.
As the appellant has passed away and no application has been moved on
behalf of legal heirs of deceased appellant to pursue this appeal further, thus
this appeal stands dismissed as abated.
The record of trial Court be sent back.
May 6, 2026
'SP'/-
(Raj Beer Singh,J.)
Digitally signed by :-
SANDEEP PAL
High Court of Judicature at Allahabad
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