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Allahabad High Court

SURJEETversusSTATE

Decided

Holding

The appeal was dismissed as abated due to the death of the appellant.

Summary

Surjeet filed a criminal appeal before the Allahabad High Court, but failed to appear at the hearing despite a revised call. The State's learned Advocate General was present. The court learned from the office report that the appellant, Surjeet, had died. Since the appellant was deceased, the court held that the appeal could not proceed. Consequently, the appeal was declared abated and dismissed.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased

Subjects

  • appeal
  • abated appeal
  • death of appellant
  • procedural law
  • criminal appeal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     CRIMINAL APPEAL No. - 614 of 1988

                                    Surjeet
                                                                                                  .....Appellant(s)
                                                                       Versus
                                    State
                                                                                                .....Respondent(s)

                                    Counsel for Appellant(s)            :   Anil Kumar Mishra, Keshav Sahai
                                    Counsel for Respondent(s)           :   A.G.A.

                                    Court No. - 89
                                                         HON'BLE ANIL KUMAR-X, J.

                                    1. None has appeared for the appellant even in the revised call. Sri Amrit
                                    Raj, learned AGA for the State is present.

                                    2. As per office report, the appellant-Surjeet is reported to be dead. As such,
                                    the appeal filed on behalf of the appellant is declared abated.

                                    3. Accordingly, the appeal is dismissed as abated.

                                    May 7, 2026
                                    Ujjawal
                                                                                              (Anil Kumar-X,J.)




Digitally signed by :-
UJJAWAL
High Court of Judicature at Allahabad


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