Allahabad High Court
RAM AUTARversusSTATE
- Decided
- Bench
- RAJ BEER SINGH
Holding
The appeal was dismissed as abated due to the death of the appellant and lack of application by legal heirs.
Summary
Ram Autar filed a criminal appeal (No. 699 of 1987) against the State in the Allahabad High Court. The appellant died, as confirmed by a letter dated 23.04.2026 from the Chief Judicial Magistrate, Bulandshahr. No application was filed by the legal heirs to continue the appeal. The Court noted the absence of any representation on behalf of the deceased appellant. Consequently, the Court held that the appeal could not proceed and dismissed it as abated. The trial court record was ordered to be sent back.
Issues considered
- What is the appropriate procedural consequence when an appellant dies and no legal heir applies to pursue the appeal?
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 699 of 1987
Ram Autar
.....Appellant(s)
Versus
State
.....Respondent(s)
Counsel for Appellant(s) : B.K. Solanki, Vinai Singh
Counsel for Respondent(s) : A.G.A.
Court No. - 90
HON'BLE RAJ BEER SINGH, J.
None for appellant despite taking case in revised list. Learned AGA for the
State is present.
As per letter dated 23.04.2026, sent by C.J.M., Bulandshahr, sole appellant
Ram Autar has died.
As the appellant has passed away and no application has been moved on
behalf of legal heirs of deceased appellant to pursue this appeal further, thus
this appeal stands dismissed as abated.
The record of trial Court be sent back.
May 18, 2026
'SP'/-
(Raj Beer Singh,J.)
Digitally signed by :-
SANDEEP PAL
High Court of Judicature at Allahabad
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