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Allahabad High Court

OM PRAKASHversusSTATE OF U.P.

Decided

Holding

The appeal abates upon the death of the sole appellant.

Summary

Om Prakash appealed a criminal conviction before the Allahabad High Court. While the appeal was pending, a report from the Chief Judicial Magistrate, Agra, dated 13 March 2026, confirmed that Om Prakash had died, and a death certificate was attached. The court considered whether the appeal could proceed after the sole appellant's death. Applying the principle that a criminal appeal abates upon the death of the sole appellant, the court held that the appeal could not continue. Consequently, the appeal was declared abated and the trial court record was ordered to be returned.

Issues considered

  • Does the death of a sole appellant abate a pending criminal appeal?

Subjects

  • abate
  • death of appellant
  • criminal appeal
  • procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       CRIMINAL APPEAL No. - 303 of 1984

                                    Om Prakash
                                                                                              .....Appellant(s)
                                                                         Versus

                                    State of U.P.
                                                                                            .....Respondent(s)

                                    Counsel for Appellant(s)                          :   S.K. Yadav
                                    Counsel for Respondent(s)                         :   A.G.A.

                                    Court No. - 83
                                                         HON'BLE SANJIV KUMAR, J.

                                    1. Sri Kuldeep Singh Chauhan, learned counsel for the appellant and
                                    learned AGA for the State are present.

                                    2. This appeal was filed by the sole appellant- Om Prakash.

                                    3. A report dated 13.03.2026 has been received from C.J.M., Agra, which
                                    shows that sole appellant- Om Prakash has died and in support of the
                                    same, C.J.M. concerned has annexed death certificate.

                                    4. In view of above, as the sole appellant- Om Prakash has died so this
                                    appeal stands abated.

                                    5. Consigned to record.

                                    6. Trial court record be returned.



                                                                                           (Sanjiv Kumar,J.)
                                    April 20, 2026
                                    SFH




Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad


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