Allahabad High Court
PHOOL SINGHversusSTATE OF U.P.
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The criminal appeal is dismissed as abated due to the death of the sole appellant.
Summary
The appellant Phool Singh filed a criminal appeal (No. 3124 of 1986) before the Allahabad High Court. Before the hearing, the appellant died, as confirmed by a death verification report from the Chief Judicial Magistrate, Farrukhabad. The court considered whether the appeal could continue in the absence of the sole appellant. It held that the death of the sole appellant results in the abatement of the criminal appeal. Consequently, the appeal was dismissed as abated and the record was ordered to be returned.
Issues considered
- Does the death of a sole appellant cause a criminal appeal to abate?
- Can a criminal appeal proceed in the absence of the appellant?
Subjects
- death of appellant
- abated appeal
- criminal procedure
- high court
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 3124 of 1986
Phool Singh
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : V.C. Katiyar
Counsel for Respondent(s) :
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Even in the revised list none has appeared for the appellant. However,
learned A.G.A. is present.
As per office report, the sole appellant namely, Phool Singh has died.
The detailed death verification report has been submitted by the Chief
Judicial Magistrate, Farrukhabad which is on record.
After the death of sole appellant namely, Phool Singh the present criminal
appeal is dismissed as abated.
office is directed to return the original record if any to the court concerned
immediately.
Office is directed to disconnect the Criminal Appeal No. 150 of 1988 to
this present criminal appeal.
(Sanjay Kumar Pachori,J.)
September 16, 2026
A.
Digitally signed by :-
AFAQ AHMAD
High Court of Judicature at Allahabad
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