Allahabad High Court
SARVENDRAversusSTATE OF U.P.
- Decided
Holding
The appeal was dismissed as abated because the appellant had died.
Summary
The appellant, Sarvendra, filed a criminal appeal (No. 5050 of 2015) against the State of U.P. While the appeal was pending, an office report dated 02-02-2018, based on a report from the Chief Judicial Magistrate, Firozabad, confirmed that the appellant had died. The High Court, after taking note of this report, held that the appeal could not proceed further. Consequently, the Court dismissed the appeal as abated due to the death of the appellant. The Court also directed that the trial court records be returned to the concerned lower court. No substantive merits of the appeal were examined.
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 5050 of 2015
Sarvendra
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Hari Prakash Mishra, Sheshadri Trivedi
Counsel for Respondent(s) : G.A., Yogendra Misra
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE DEVENDRA SINGH-I, J.
1. As per office report dated 02.02.2018, based upon the report of Chief
Judicial Magistrate, Firozabad dated 15.01.2018, sole appellant-Sarvendra
has been died.
2. Taking into consideration the aforesaid report, the instant criminal
appeal is dismissed as abated.
3. Office is directed to return the trial court record to the court concerned.
(Devendra Singh-I,J.) (Chandra Dhari Singh,J.)
March 19, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
Checking your session…