Allahabad High Court
MUNNALALversusSURAJ BHAN AND OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The appeal was dismissed because the death of the respondents caused the appeal to abate.
Summary
The appellant Munnalal appealed against the acquittal of respondents Suraj Bhan and others on charges of criminal breach of trust under Sections 406 and 408 IPC. The appeal was filed under Section 378 of the Criminal Procedure Code. During the pendency of the appeal, the two respondents died, as confirmed by a report from the Chief Judicial Magistrate, Meerut. The court held that the death of the respondents extinguished the subject of the appeal, rendering it abated. Consequently, the appeal was dismissed as abated and the original record was ordered to be returned to the lower court.
Issues considered
- Can a criminal appeal under Section 378 Cr.P.C. proceed when the accused persons have died?
- Is the appeal liable to be dismissed as abated in view of the death of the respondents?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 378
- Indian Penal Code — s. 406, 408
Subjects
- criminal appeal
- abated appeal
- death of accused
- Section 378 CrPC
- Sections 406 IPC
- Sections 408 IPC
- acquittal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 3159 of 1983
Munnalal
.....Appellant(s)
Versus
Suraj Bhan And Others
.....Respondent(s)
Counsel for Appellant(s) : V.P. Varshney
Counsel for Respondent(s) : P.K. Jain
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
List of cases has been revised. None is present on behalf of the appellant to
press this appeal.
However, learned A.G.A. is present.
As per office report, respondent nos. 1 and 2 have died. A detailed report has
been submitted by C.J.M. Meerut which is on record.
The present criminal appeal under Section 378 of Cr.P.C. has been filed
against the acquittal of respondent nos. 1 and 2 under Sections 406, 408 of
I.P.C. Both the accused persons have died in the present case.
In view of the above, the present criminal appeal is liable to be dismissed as
abated for respondent nos. 1 and 2.
The present criminal appeal is dismissed as abated.
Original record shall be returned to the court concerned.
April 20, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
Checking your session…