TULSI RAMversusSHRI RAJA RAM AND OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                 CRIMINAL APPEAL No. - 2958 of 1984

Tulsi Ram
                                                               .....Appellant(s)
                                    Versus
Shri Raja Ram And Others
                                                             .....Respondent(s)

Counsel for Appellant(s)                 :   C.P.Singh, L.P.Singh
Counsel for Respondent(s)                :   A.G.A., Shive Datta Yadav

Court No. - 93
            HON'BLE MRS. VANI RANJAN AGRAWAL, J.

1. The present criminal appeal has been preferred by the appellant Tulsi Ram
against the judgment and order of acquittal dated 13.9.1982 passed Crime
Case No.1008 of 1980 in respect of offences punishable under Sections 379
and 147 of the I.P.C., Police Station- Kakwah, District- Kanpur
2. The record reveals that the appeal has remained pending for an
inordinately long period of about four decades. During this prolong period
pendency, there has been no effective representation or prosecution of the
appeal on behalf of the appellant.
3. Today, learned A.G.A. for the State and learned counsel for the
respondent are present. However, none appeared on behalf of the appellant.
As per office report dated 05.05.2026 based on the report submitted by the
Chief Judicial Magistrate, Kanpur Nagar, dated 10.04.2026, it has been
brought on record that the appellant Tulsi Ram expired approximately 20
years ago.
4. It is further evidence from the record that after the death of the appellant,
no application for substitution of legal representatives has been filed. The
legal heirs have neither shown any interest in prosecuting the evidence, nor
taken any steps for nearly two decades.
5. The legal position in this regard is well settled. In Ashwin Nanubhai
Vyas Vs. State of Maharashtra, AIR 1967 SC 983, the Hon'ble Supreme
Court held that a criminal appeal particularly, one arising out of a complaint
does not survive after the death of the appellant unless the statute specially
provides otherwise or the legal representatives seeks continuation in
accordance with law.
6. Further, in State of Andhra Pradesh v. S. Narsimha Kumar, 2006 (5)
SCC 683, the Hon'ble Supreme Court reiterated that where no steps are
taken by the legal representatives within a reasonable time, the proceedings
                                                                                              CRLA No. 2958 of 1984
                                                                    2

                                    cannot be kept pending indefinitely and are liable to be treated as abated.
                                    7. Similarly in the Ramesan (Dead) Through Lr. Girija A vs The State Of
                                    Kerala, 2020 3 SCC 45, the Hon'ble Supreme Court emphasized that
                                    prolong in action and failure to substitute legal heirs would result in
                                    abatement of proceedings and courts are not expected to keep the matter
                                    pending endlessly.
                                    8. In the present case, not only did the appellant expire about two decades
                                    ago but there has also been complete inaction on the part of his legal
                                    representatives. No substitution application has been filed, nor has any
                                    explanation been offered for such prolonged silence.
                                    9. In view of the settled legal principles and the peculiar facts of this case,
                                    this Court finds no justification to keep the appeal pending any further.
                                    10. Accordingly, the appeal stands dismissed as abated due to the death of
                                    the appellant and failure of the legal representatives to come on record
                                    within a reasonable time.
                                    May 6, 2026
                                    P. Pandey
                                                                              (Mrs. Vani Ranjan Agrawal,J.)




Digitally signed by :-
PUSHPENDRA PANDEY
High Court of Judicature at Allahabad