Allahabad High Court
SHEO NATH KUSHWAHAversusSTATE OF U.P.
- Decided
- Bench
- CHAWAN PRAKASH
Holding
Criminal proceedings, including appeals, abate upon the death of the accused, leading to dismissal of the appeal as abated.
Summary
The appellant, Sheo Nath Kushwaha, filed a criminal appeal before the Allahabad High Court. During the pendency of the appeal, official reports dated 30‑03‑2026 and 13‑03‑2026 confirmed that the appellant had died. The court examined whether the death of the sole appellant would affect the continuation of the criminal proceedings. Relying on the principle that criminal proceedings abate upon the death of the accused, the court held that the appeal could not proceed. Consequently, the appeal was dismissed as abated and the trial court record, if any, was to be sent back. The file was consigned to the record.
Issues considered
- The death of the sole appellant, does it cause abatement of the criminal appeal?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 319
Subjects
- death of accused
- abated proceedings
- criminal appeal
- CrPC Section 319
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 498 of 1986
Sheo Nath Kushwaha
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Amar Saran
Counsel for Respondent(s) : Ag.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Learned Counsel for the appellant Ms. Archana Singh Jadaun and
learned A.G.A. are present.
2. As per office report dated 30.03.2026 supported by the report dated
13.03.2026 of the Chief Judicial Magistrate, Mirzpuar, appellant Shew
Nath Kushwaha has died.
3. Hence, proceedings against the appellant 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.)
May 8, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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