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Allahabad High Court

KALWAversusSTATE OF U.P.

Decided

Holding

The appeal was abated because the sole appellant had died.

Summary

The appellant Kalwa filed a criminal appeal against the State of U.P. However, an office report dated 27 January 2026, based on a letter from the Chief Judicial Magistrate, Rampur dated 8 January 2026, revealed that Kalwa had died in the year 2000. The court examined whether the appeal could continue despite the appellant's death. Since the appellant was deceased, the court held that the appeal could not proceed and was therefore abated. No substantive merits of the appeal were considered. The appeal was consequently closed.

Issues considered

  • Can a criminal appeal continue when the sole appellant is deceased?

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • procedural law

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL APPEAL No. - 3452 of 1985

                                    Kalwa
                                                                                                 .....Appellant(s)
                                                                      Versus

                                    State of U.P.
                                                                                               .....Respondent(s)

                                    Counsel for Appellant(s)                         :     Keshav Sahai
                                    Counsel for Respondent(s)                        :     A.G.A.

                                    Court No. - 80
                                                     HON'BLE VIVEK KUMAR SINGH, J.

                                    1. As per office report dated 27.01.2026, based on the letter of the Chief
                                    Judicial Magistrate, Rampur dated 08.01.2026, the sole appellant Kalwa
                                    has died in the year 2000.

                                    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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