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Allahabad High Court

NIRGUNversusSTATE OF U.P.

Decided

Holding

The appeal abated upon the death of the sole appellant and was dismissed.

Summary

The appellant Nirgun filed Criminal Appeal No. 7749 of 2009 against the State of Uttar Pradesh. No counsel appeared on behalf of the appellant, while the State’s A.G.A. was present. A report dated 23 July 2025, based on a CJM Mahoba report of 19 Oct 2024, confirmed that the sole appellant had died on 8 Sept 2024. The Court held that the death of the sole appellant caused the appeal to abate. Consequently, the appeal was dismissed as abated and the record was closed.

Issues considered

  • Whether a criminal appeal can continue after the death of the sole appellant?

Subjects

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

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       CRIMINAL APPEAL No. - 7749 of 2009

                                    Nirgun
                                                                                               .....Appellant(s)
                                                                      Versus

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

                                    Counsel for Appellant(s)       : Anand Dwivedi, Dileep Kumar(Senior
                                                                     Adv.), Rajrshi Gupta, Sanjay Tripathi,
                                                                     Vikas Tiwari, Yogendra Misra
                                    Counsel for Respondent(s)      : Ajay Kumar Pandey, Govt. Advocate

                                    Court No. - 93
                                                 HON'BLE MRS. VANI RANJAN AGRAWAL, J.

                                    1. Case is called out.
                                    2. No one appears on behalf of the appellant to press this appeal, however,
                                    learned A.G.A. for the State is present.
                                    3. As per the office report dated 23.07.2025 a report of CJM, Mahoba
                                    dated 19.10.2024 has been received stating therein that the sole appellant
                                    has died on 08.09.2024.
                                    4. In view of the above, the appeal is dismissed as abated and consigned
                                    to record.


                                                                               (Mrs. Vani Ranjan Agrawal,J.)
                                    March 18, 2026
                                    P. Pandey




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

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