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Allahabad High Court

SURENDRAversusSTATE OF U.P.

Decided

Holding

The appeal abates and is dismissed due to the death of the sole accused appellant.

Summary

The appellant Surendra was convicted in a criminal case and filed an appeal before the Allahabad High Court. While the appeal was pending, the Chief Judicial Magistrate reported that Surendra died in 2010. The court considered whether the death of the sole accused extinguishes the pending appeal. It held that the death of the appellant causes the appeal to abate, as there is no longer a party to prosecute the appeal. Consequently, the appeal was dismissed.

Issues considered

  • What is the effect of the death of a sole accused 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. - 3066 of 1984

                                    Surendra
                                                                                            .....Appellant(s)
                                                                     Versus

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

                                    Counsel for Appellant(s)                      :    Shanker Suan
                                    Counsel for Respondent(s)                     :    A.G.A.

                                    Court No. - 93
                                                        HON'BLE SANTOSH RAI, J.

                                    1. None appears on behalf of the appellant. Learned AGA for the State is
                                    present.

                                    2. Report has been received from the Chief Judicial Magistrate,
                                    Ghaziabad, according to which, appellant Surendra s/o Baldev Singh has
                                    died in the year 2010.

                                    3. In view of the fact that sole accused appellant has died the appeal
                                    abates and is, accordingly, dismissed.



                                                                                            (Santosh Rai,J.)
                                    September 9, 2026
                                    RA




Digitally signed by :-
RAZIQ ALI
High Court of Judicature at Allahabad


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