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Allahabad High Court

DALIP KUMARversusSTATE OF U.P.

Decided

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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