Allahabad High Court
KESH PAL AND OTHERSversusSTATE
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The appeal is dismissed as abated due to the death of all appellants.
Summary
The appeal was filed by Kesh Pal and others against the State. During the proceedings, it was reported that appellant No.1, Kishan Pal, had died as per a report from the Chief Judicial Magistrate, Ghaziabad. Consequently, the court held that the proceedings against the deceased stand abated. Since both appellants were now deceased, the appeal could not continue and was dismissed as abated. The trial court record, if summoned, was to be sent back, and the file was consigned to the record.
Issues considered
- Whether an appeal can continue when the appellant(s) have died
- Whether the death of the appellant(s) results in abatement of criminal proceedings
Subjects
- criminal appeal
- abated proceedings
- death of party
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 382 of 1988
Kesh Pal And Others
.....Appellant(s)
Versus
State
.....Respondent(s)
Counsel for Appellant(s) : Keshav Sahai
Counsel for Respondent(s) : A.G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Case called out. No one is present for appellant no.1. Learned A.G.A. is
present for State.
2. As per office report dated 15.09.2026 based on the report dated
27.08.2026 of the Chief Judicial Magistrate, Ghaziabad, appellant no.1
Kishan Pal died.
3. Hence, proceedings against him stand abated.
4. Since both the appellants of this case have died, the appeal is dismissed
as abated.
5. The Trial Court record, if summoned, be sent back.
6. This file is consigned to record.
(Chawan Prakash,J.)
September 16, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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