Allahabad High Court
HAFEEZ ULLAHversusSTATE OF U.P.
- Decided
- Bench
- VANI RANJAN AGRAWAL
Holding
The appeal was abated and disposed of due to the appellant's death.
Summary
The appellant, Hafeez Ullah, filed a criminal appeal before the Allahabad High Court. During the proceedings, it was submitted that the appellant had died on 8 October 2025, supported by a death certificate, a letter from his son, and a letter from the Gram Pradhan, all annexed to a compliance affidavit dated 20 July 2026. The court considered whether the appeal could continue in view of the appellant's death. Applying the principle that a criminal appeal abates upon the death of the appellant, the court held that the appeal could not proceed. Consequently, the appeal was disposed of as abated and the order was directed to be communicated to the trial court, with the trial court record to be returned.
Issues considered
- Does the death of an appellant abate a pending criminal appeal?
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 48 of 1986
Hafeez Ullah
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Atul Kumar Pandey, M.A. Haseen, M.A.
Qadeer, T.B.Islam
Counsel for Respondent(s) : A.G.A.
Court No. - 92
HON'BLE MRS. VANI RANJAN AGRAWAL, J.
1. Affidavit of compliance dated 20.7.2026 filed by learned A.G.A. is taken
on record.
2. Heard Sri Atul Kumar Pandey, learned Amicus Curiae for the appellant
and Sri Rahul Asthana learned A.G.A. for the State.
3. Learned A.G.A. submits that the sole appellant namely Hafeez Ullah has
died on 8.10.2025, in this regard, a copy of letter, written by the son of the
appellant, copy of death certificate and a letter written by the Gram Pradhan
has been brought on record by way of compliance affidavit dated 20.7.2026.
4. In view of the above, this appeal is disposed of as abated.
5. Let this order be communicated to the trial Court concerned for
intimation.
6. Trial Court record, if already received, be returned forthwith.
September 18, 2026
Dev
(Mrs. Vani Ranjan Agrawal,J.)
Digitally signed by :-
DEV PRAKASH
High Court of Judicature at Allahabad
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