Allahabad High Court
SMT. RAM KALIversusLALTA AND OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The appeal is dismissed because the legal heirs of the deceased appellant have not pursued it.
Summary
The appellant, Smt. Ram Kali (deceased), filed a criminal appeal (No. 2972 of 1981) challenging the acquittal of the respondents, Lalta and others. The appeal was pursued on behalf of the deceased appellant by her legal heirs. During the proceedings, the legal heirs expressed that they did not wish to continue the appeal. The court noted that an appeal cannot be maintained without the consent of the party or its legal representatives. Consequently, the High Court dismissed the appeal on the ground of non‑pursuance by the legal heirs. The court ordered the original record to be sent to the concerned court immediately.
Issues considered
- Can a criminal appeal be continued when the legal heirs of a deceased appellant do not wish to pursue it?
Subjects
- criminal appeal
- acquittal
- legal heirs
- non‑pursuance
- appeal dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2972 of 1981
Smt. Ram Kali
.....Appellant(s)
Versus
Lalta And Others
.....Respondent(s)
Counsel for Appellant(s) : A.R.Dube
Counsel for Respondent(s) : A.G.A., R.K.Malviya, R.K.Tewari
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Kaleemuddin, Advocate holding brief of Sri M.A. Siddiqui, learned
counsel for the appellant no. 5 and learned A.G.A. are present.
As per office report, the legal heirs of the appellant namely, Smt. Ram
Kali (deceased) does not want to pursue the present Criminal Appeal
which has been filed against the acquittal of the opposite
parties/respondents.
In view of the above the present Criminal Appeal stands dismissed due to
non pursuance of legal heirs of the appellant (deceased).
Office is directed to send the original record to the court concerned
immediately, if any.
(Sanjay Kumar Pachori,J.)
September 23, 2026
A.
Digitally signed by :-
AFAQ AHMAD
High Court of Judicature at Allahabad
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