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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


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