Allahabad High Court
DALCHINI AND OTHERSversusSTATE OF U.P.
- Decided
- Bench
- SAMIT GOPAL
Holding
The appeal was abated because the appellant had died.
Summary
The appellants Dalchini and Munnilal filed a criminal appeal (No. 3242 of 1985) against a judgment of the Special Judge under the EC Act, Banda, concerning offences under Sections 323, 325 and 452 of the IPC. No counsel appeared for the appellants, while the State was represented by A.G.A. Ajay Singh. The court learned, via a report from the Chief Judicial Magistrate, that appellant Dalchini had died about fifteen years earlier, and that the appeal of Munnilal had already been abated. Consequently, the High Court ordered that the appeal stand abated with respect to both appellants, consigned the matter to the records, and directed the trial court records to be sent back with the order.
Issues considered
- Whether an appeal can continue when the appellant is deceased
Legislation cited
- Indian Penal Code — s. 323, 325, 452
Subjects
- criminal appeal
- abatement
- death of appellant
- IPC
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 3242 of 1985
Dalchini And Others
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : V.P. Srivastava
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. Sri Ajay Singh, learned A.G.A.-I for the State is
present, who has been heard and records have been perused.
3. The present appeal has been filed by the appellants Dalchini,
Munnilal, against the judgement and order dated 02.12.1985
passed by Special Judge EC Act, Banda, in S.T. No. 319 of
1985, under Sections 323/34, 325/34, 452 IPC, P.S.- Kotwali
City, District Banda.
4. The appeal in so far as the appellant no.2 Munnilal is
concerned, stood abated vide order dated 17.12.2025.
5. As per office report dated 5.5.2026 a report from C.J.M.,
Banda, dated 17.12.2025 has been received stating therein that
the appellant no.1 Dalchini has died about 15 years ago. The
report is after due inquiry.
6. Accordingly, the appeal also stands abated with regard to the
appellant no. 1 Dalchini.
7. The matter be consigned to records.
8. The trial court records, if received, be sent back along
CRLA No. 3242 of 1985
2
with the communication of this order. Office to
communicate this order to District and Sessions Judge
concerned within two weeks from today for information and
follow-up action.
(Samit Gopal,J.)
May 6, 2026
Naresh
Digitally signed by :-
NARESH KUMAR
High Court of Judicature at Allahabad
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