Allahabad High Court
SHANKAR AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- SAMIT GOPAL
Holding
The appeal stands abated with respect to both appellants.
Summary
The appellants Shankar and Buddha filed a criminal appeal against their conviction in a Sessions Trial. No counsel appeared for the appellants before the High Court. The court noted that the appeal concerning Shankar was already abated by an order dated 18‑12‑2025. A report from the Chief Judicial Magistrate, Hathras, confirmed that Buddha had died about fifteen years earlier, leading to the abatement of his portion of the appeal as well. The trial court records were ordered to be sent to the Chief Judicial Magistrate, Mathura for further action. Consequently, the appeal could not proceed against either appellant.
Issues considered
- Whether an appeal can continue when the appellant is deceased
- Whether an appeal stands abated when a prior order has already dismissed it
Subjects
- appeal abatement
- death of appellant
- criminal appeal
- conviction
- high court procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 3194 of 1986
Shankar And Another
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : R. Bhargava
Counsel for Respondent(s) : A.G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. No one appears on behalf of the appellants to press this appeal.
3. This appeal has been filed by the appellants, Shankar and Buddha,
against the judgment and order dated 29.10.1986 passed by the Special
Judge, Mathura in Sessions Trial No. 71 of 1986 (State of U.P. vs.
Shanker and Bhulla), Police Station Sadar Bazar, District Mathura,
regarding their conviction.
4. The appeal, insofar as it relates to appellant No. 1 Shankar, stood
abated vide order dated 18.12.2025.
5. As per the office report dated 13.5.2026, a report of the C.J.M.,
Hathras dated 29.4.2026 has been received stating therein that appellant
No. 2 Buddha died around fifteen years back.
6. Perused the said report dated 29.4.2026 of the In-charge Chief Judicial
Magistrate, Hathras regarding the death of appellant No. 2 Buddha. The
same has been sent after due verification and inquiry.
7. The appeal, insofar as appellant No. 2 Buddha is concerned, also stands
abated.
8. The trial court records have been received.
9. Office to communicate this order to the Chief Judicial Magistrate,
Mathura along with the trial court records for information and necessary
action within two weeks.
May 14, 2026
Sumaira
(Samit Gopal,J.)
Digitally signed by :-
SUMAIRA AQUIL
High Court of Judicature at Allahabad
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