Allahabad High Court
NAWAB HASANversusSTAE ASHOK KUMAR AGARWAL AND OTHERS
- Decided
Holding
The appeal was dismissed as infructuous due to the death of the parties.
Summary
The appellant Nawab Hasan filed a criminal appeal (No. 509 of 1986) before the Allahabad High Court challenging an acquittal order passed by the Additional Magistrate, Pilibhit in 1981. The appeal was against the State represented by A.G.A. No counsel appeared for the respondents in the revised call, though the State's learned A.G.A. was present. During the pendency of the appeal, the court received an official report that the appellant and several respondents had died. The appellant then moved that the appeal be dismissed as infructuous on the ground that the parties were deceased. The court accepted this submission and dismissed the appeal as infructuous, thereby upholding the original acquittal.
Issues considered
- What is the effect of the death of the appellant and respondents on the continuance of a criminal appeal?
Subjects
- criminal appeal
- acquittal
- infructuous appeal
- death of parties
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 509 of 1986
Nawab Hasan
.....Appellant(s)
Versus
Stae Ashok Kumar Agarwal And Others
.....Respondent(s)
Counsel for Appellant(s) : P.N. Lal
Counsel for Respondent(s) : A.G.A.
Court No. - 89
HON'BLE ANIL KUMAR-X, J.
1. None appeared on behalf of the respondent-accused even in the revised
call. Sri Amrit Raj, learned A.G.A. for the State are present.
2. This criminal appeal has been preferred against the judgment and order of
acquittal passed by the learned Additional Magistrate, Pilibhit in Case No.
368 of 1981.
3. As per office report appellant Nawab Hasan and respondent no. 1, 2 and 4
have died and, as such, the present appeal has become infructuous. It is,
therefore, prayed that the appeal be dismissed as infructuous.
4. Accordingly, the present petition is dismissed as infructuous.
May 7, 2026
Ujjawal
(Anil Kumar-X,J.)
Digitally signed by :-
UJJAWAL
High Court of Judicature at Allahabad
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