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Allahabad High Court

RAM AUTARversusSTATE

Decided

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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