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Allahabad High Court

GAUTAM SHARMAversusState of U.P.

Decided

Holding

The appeal is abated and dismissed due to the appellant's death.

Summary

The appellant, Gautam Sharma, filed a criminal appeal (No. 7405 of 2024) before the Allahabad High Court. During the pendency of the appeal, a report dated 08 September 2026 indicated that the appellant had died while undergoing treatment. The court, upon receiving this information, considered whether the appeal could continue in light of the appellant's death. It held that the death of the appellant results in the abatement of the appeal. Consequently, the appeal was dismissed as abated and the matter was consigned to the record.

Issues considered

  • Does the death of an appellant during the pendency of a criminal appeal abate the appeal?

Subjects

  • appeal abatement
  • death of appellant
  • criminal appeal
  • procedural law
  • Allahabad High Court

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       CRIMINAL APPEAL No. - 7405 of 2024

                                    Gautam Sharma
                                                                                             .....Appellant(s)
                                                                     Versus

                                    State of U.P.
                                                                                            .....Respondent(s)

                                    Counsel for Appellant(s)              :    Sunil Kumar Srivastava
                                    Counsel for Respondent(s)             :    G.A.

                                    Court No. - 92
                                                 HON'BLE MRS. VANI RANJAN AGRAWAL, J.

                                    1. Case is called out.
                                    2. Sri Sunil Kumar Srivastava, learned counsel for the appellant and
                                    learned A.G.A. for the State are present.
                                    3. As per the office report dated 08.09.2026, a report of CJM, Kanpur
                                    Nagar dated 05.09.2026 has been received stating therein that the sole
                                    appellant- Gautam Sharma has died during treatment.
                                    4. In view of the above, the appeal is dismissed as abated and consigned
                                    to record.


                                                                              (Mrs. Vani Ranjan Agrawal,J.)
                                    September 9, 2026
                                    P. Pandey




Digitally signed by :-
PUSHPENDRA PANDEY
High Court of Judicature at Allahabad


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