Allahabad High Court
U.S. UPADHAYA AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- SANJIV KUMAR
Holding
The appeal is abated because all appellants have died.
Summary
The appeal filed by U.S. Upadhaya and Hari Shanker Pandey against the State of U.P. remained pending for many years. No counsel appeared for the appellants, though the respondent's counsel was present. The court sought verification of the appellants' status and received a report confirming that both appellants had died in 2025. Evidence included witness statements, police reports, a village head's certificate, and a statement from the head constable. Since both appellants were deceased, the court held that the criminal appeal could not continue and ordered it to be abated, consigning the record to the trial court for necessary action.
Issues considered
- What is the effect of the death of all appellants on a pending criminal appeal?
Subjects
- criminal appeal
- abeyance
- death of appellant
- procedural law
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 3017 of 1987
U.S. Upadhaya And Another
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : A.K. Shukla
Counsel for Respondent(s) : A.G.A.
Court No. - 84
HON'BLE SANJIV KUMAR, J.
1. Case called on. No one appears on behalf of the appellants to press this
appeal, however, learned AGA is present.
2. This appeal, preferred by the appellant, Uma Shanker Upadhyay and Hari
Shanker Pandey, is of the year 1987, which is very old and has been pending
since then.
3. This Court had directed the learned C.J.M., Mau to submit the living
status of the appellants. As per report of learned C.J.M., Mau dated
09.12.2025, appellant no.1, Uma Shanker Upadhyay died on 14.06.2025 and
appellant no.2, Hari Shaker Pandey, died on 27.10.2025.
4. In verification of their death, statement of witness, report of Police Station
concerned, certificate of village Pradhan and statement of Head Constable
Ramesh Kumar is annexed with the report of C.J.M., Mau.
5. In view of the above, since both the appellants have already expired, this
Criminal Appeal stands abated.
6. The instant criminal appeal be, accordingly, consigned to record and trial
court record be sent to the trial court concerned for necessary action.
(Sanjiv Kumar,J.)
March 19, 2026
Subham
Digitally signed by :-
SUBHAM KUSHWAHA
High Court of Judicature at Allahabad
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