Allahabad High Court
OM PRAKASH RUIYAversusSTATE OF U.P.
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The appeal abates upon the death of the sole appellant.
Summary
The appellant, Om Prakash Ruiya, filed a criminal appeal (No. 3209 of 1984) before the Allahabad High Court. An office report dated 09 March 2026, based on a letter from the Chief Judicial Magistrate, Kushinagar dated 07 March 2026, informed the court that the sole appellant had died. The court considered whether the death of the sole appellant affected the continuance of the appeal. Relying on established procedural principles that a pending appeal abates upon the death of the sole party, the court held that the appeal could no longer proceed. Consequently, the appeal was declared abated and no further hearing was ordered.
Issues considered
- Does the death of a sole appellant cause a pending criminal appeal to abate?
Subjects
- death of appellant
- abated appeal
- criminal procedure
- high court
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 3209 of 1984
Om Prakash Ruiya
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Dileep Kumar Srivastava, H.N.Singh,
J.P.Pandey, K.K.Misra, S.N.Srivastava,
S.P.Tripathi
Counsel for Respondent(s) : A.G.A.
Court No. - 80
HON'BLE VIVEK KUMAR SINGH, J.
1. As per office report dated 09.03.2026, based on the letter of the Chief
Judicial Magistrate, Kushinagar dated 07.03.2026, the sole appellant Om
Prakash Ruiya has died.
2. In view of the said reports, the appeal against the sole appellant stands
abated.
(Vivek Kumar Singh,J.)
April 20, 2026
Nitendra
Digitally signed by :-
NITENDRA TIWARI
High Court of Judicature at Allahabad
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