Allahabad High Court
CHANDRA MANI AND OTHERSversusSTATE
- Decided
Holding
A criminal appeal is abated and must be dismissed when all appellants have died.
Summary
The appellants filed a criminal appeal before the Allahabad High Court. During the pendency of the appeal, appellant No.3, Sri Ram alias Bachcha, died as per a report dated 13‑04‑2026, and earlier appellant Nos.1, 2 and 4 had also died. The court examined whether a criminal appeal can continue when all parties who filed it are deceased. Relying on the principle that the death of a party abates a criminal proceeding, the court held that the appeal could not proceed. Consequently, the appeal was dismissed as abated.
Issues considered
- Does the death of all appellants abate a criminal appeal?
Subjects
- criminal appeal
- abated proceedings
- death of parties
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 378 of 1985
Chandra Mani And Others
.....Appellant(s)
Versus
State
.....Respondent(s)
Counsel for Appellant(s) : S.P.Singh, S.S. Singh
Counsel for Respondent(s) : A.G.A.
Court No. - 86
HON'BLE SUBHASH CHANDRA SHARMA, J.
As per report of C.J.M. Sonbhadra dated 13.04.2026, appellant no. 3, Sri
Ram alias Bachcha has died. As a result appeal stands abated for appellant
no. 3, Sri Ram alias Bachcha.
Appellant nos. 1, 2 and 4 died earlier and appeal stood abated for them.
Since all the appellants have died, therefore, this criminal appeal stands
abated for the appellants and consequently this criminal appeal is dismissed
as abated.
May 7, 2026
Suraj Srivastav
(Subhash Chandra Sharma,J.)
Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad
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