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Allahabad High Court

MUNNALALversusSURAJ BHAN AND OTHERS

Decided

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

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


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