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Allahabad High Court

OM PRAKASH RUIYAversusSTATE OF U.P.

Decided

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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