Created by Fuzzy Cloud

Allahabad High Court

EKHLAQversusSTATE OF U.P.

Decided

Holding

The appeal stands abated due to the appellant's death and lack of substitution.

Summary

The appellant, Ekhlaq, filed a criminal appeal but died on 11 April 2018. The court received an office report confirming his death and noted that no relative filed an application for substitution. Since the appellant was deceased and no substitution was made, the appeal could not proceed. The court therefore held that the appeal stands abated. No further hearing was ordered.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant without a substitution application?

Subjects

  • appeal abatement
  • death of appellant
  • substitution
  • criminal procedure

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                          CRIMINAL APPEAL No. - 374 of 1989

                                    Ekhlaq
                                                                                                           .....Appellant(s)
                                                                            Versus
                                    State of U.P.
                                                                                                         .....Respondent(s)

                                    Counsel for Appellant(s)                                 :    Kamal Krishan
                                    Counsel for Respondent(s)                                :    G.A.

                                    Court No. - 44
                                                        HON'BLE SIDDHARTHA VARMA, J.
                                                        HON'BLE JAI KRISHNA UPADHYAY, J.

                                    1. As per the office report dated 08.09.2026, which is based on the report of the Chief
                                    Judicial Magistrate, Jaunpur dated 06.07.2026, it transpires that the sole appellant,
                                    namely, Ekhlaq, died on 11.04.2018. No application has been filed by any near
                                    relative of the deceased appellant for being substituted in his place.

                                    2. Accordingly, the appeal stands abated.




                                    September 9, 2026
                                    vijay krishna
                                                                   (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)




Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.