Allahabad High Court
DARUN PAL SINGH AND OTHERSversusSTATE
- Decided
- Bench
- ABDUL SHAHID
Holding
The appeal was dismissed as abated due to the death of the remaining appellants.
Summary
The appellants – Darun Pal Singh, Jiledar Singh, Smt. Lajjawati, Prahlad Singh and Ved Pal Singh – filed a criminal appeal before the Allahabad High Court. No counsel appeared for the first three appellants, and the State was represented by A.G.A. The Court noted that the appeal of the first three appellants had already been dismissed on 19 May 2022. Subsequent office reports confirmed that the remaining two appellants, Prahlad Singh and Ved Pal Singh, had died. Consequently, the Court held that the appeal as to those two appellants stood abated and dismissed it. Accordingly, the entire criminal appeal was dismissed as abated and the trial court was directed to receive a copy of the order and the trial record.
Issues considered
- Whether the death of an appellant extinguishes the right to continue a criminal appeal, resulting in abatement of the appeal
Subjects
- criminal appeal
- abated appeal
- death of parties
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 484 of 1987
Darun Pal Singh And Others
.....Appellant(s)
Versus
State
.....Respondent(s)
Counsel for Appellant(s) : P.N. Mishra
Counsel for Respondent(s) : A.G.A.
Court No. - 90
HON'BLE ABDUL SHAHID, J.
1. Case called out in the revised list. None has appeared for the appellants.
However, learned A.G.A. for the State is present.
2. Upon perusal of the order sheet, it appears that the criminal appeal on
behalf of Appellant Nos. 1 to 3, namely, Darun Pal, Jiledar Singh, and
Smt. Lajjawati, already dismissed vide order dated 19.05.2022.
3. As per the office reports dated 31.01.2024 and 11.05.2026, Appellant
Nos. 4 and 5, namely, Prahlad Singh and Ved Pal Singh, have also died.
Consequently, the criminal appeal, insofar as it relates to Appellant Nos. 4
and 5, also stands abated and is accordingly dismissed as abated.
4. In view of the aforesaid facts, the criminal appeal on behalf of all the
appellants stands dismissed as abated.
5. Let a copy of this order, along with the trial court record, be transmitted
to the learned trial court for necessary compliance.
(Abdul Shahid,J.)
September 23, 2026
M. Tarik
Digitally signed by :-
MOHD TARIK
High Court of Judicature at Allahabad
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