Allahabad High Court
INDRA PALversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- ABDUL SHAHID
Holding
The appeal is dismissed as abated due to the appellant's death.
Summary
The appellant, Indra Pal, filed a criminal appeal (No. 3343 of 2022) before the Allahabad High Court. During the pendency of the appeal, a report dated 6 April 2025 from the Senior Superintendent of Central Jail, Agra, confirmed that Indra Pal died while receiving treatment at S.N. Medical College on 10 February 2025. The appellant's counsel submitted this death report to the Court. The Court examined whether the appeal could continue after the death of the sole appellant. It held that the death of the appellant extinguishes the right to prosecute the appeal, resulting in abatement of the proceedings. Consequently, the appeal was dismissed as abated and the death report was placed on record.
Issues considered
- Does the death of a sole appellant abate a pending criminal appeal?
Subjects
- criminal appeal
- abatement
- death of appellant
- procedural law
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 3343 of 2022
Indra Pal
.....Appellant(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Appellant(s) : Kashi Naresh Mishra
Counsel for Respondent(s) : G.A.
Court No. - 90
HON'BLE ABDUL SHAHID, J.
1. Heard Sri Kashi Naresh Mishra, learned counsel for the appellant.
2. He has submitted a report dated 6.4.2025 issued by the Senior
Superintendent, Central Jail, Agra that the sole appellant-Indra Pal son of
Bhajan Lal has died during his treatment at S.N. Medical College, Agra
on 10.2.2025.
2. The present criminal appeal has been filed by the sole appellant-Indra
Pal.
3. In view of death of sole appellant-Indra Pal, the present criminal appeal
is dismissed as abated.
4. The report submitted by the learned counsel for the appellant dated
6.4.2025 shall be kept on record.
(Abdul Shahid,J.)
September 8, 2026
sfa/
Digitally signed by :-
SYED FAHEEM AHMAD
High Court of Judicature at Allahabad
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