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
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