Allahabad High Court
DALIP KUMARversusSTATE OF U.P.
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The appeal is dismissed as abated because the sole appellant has died.
Summary
The appellant, Dalip Kumar, filed a criminal appeal against the State of U.P. However, the court was informed through an office report dated 15 September 2026 that the appellant had died, as per a report from the Chief Judicial Magistrate, Agra dated 8 July 2026. Consequently, the court held that the proceedings stand abated due to the death of the sole appellant. The appeal was therefore dismissed as abated, and the trial court record, if summoned, was to be sent back. The case file was consigned to the record.
Issues considered
- Whether criminal proceedings and an appeal can continue after the death of the sole appellant
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 437 of 1988
Dalip Kumar
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : R.K. Srivastava
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. Learned A.G.A. is
present for State.
2. As per office report dated 15.09.2026 based on the report dated
08.07.2026 of the Chief Judicial Magistrate, Agra, appellant Dalip Kumar
has died.
3. Hence, proceedings against him stand abated.
4. Since the sole appellant of this case has 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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