Allahabad High Court
RAMBADAN GONDversusState of U.P.
- Decided
- Bench
- VANI RANJAN AGRAWAL
Holding
The appeal is abated due to the death of the appellant.
Summary
The appellant, Rambadan Gond, filed a criminal appeal before the Allahabad High Court. While the appeal was pending, the Chief Judicial Magistrate of Gorakhpur reported that the appellant had died on 9 June 2025. The High Court considered whether the appeal could continue in view of the appellant's death. It held that the death of the appellant renders the appeal abated, as there is no longer a party to pursue the relief. Consequently, the appeal was disposed of as abated and the trial court was directed to be informed and to return the record.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant
Subjects
- death of appellant
- abated appeal
- criminal procedure
- high court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 9140 of 2024
Rambadan Gond
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Amit Kumar Mishra, Lalji Yadav, Rahul
Mishra, Yashpal Yadav
Counsel for Respondent(s) : G.A., Km. Poonam, Rajesh Yadav
Court No. - 93
HON'BLE MRS. VANI RANJAN AGRAWAL, J.
1. Heard Sri Rahul Mishra, learned counsel for the appellant and Sri Rahul
Asthana, learned A.G.A. for the State.
2. Office report dated 6.1.2026 shows that in compliance of Court's order
dated 15.9.2025 a letter has been received (at flag 'A') from learned Chief
Judicial Magistrate, Gorakhpur, wherein it has been stated that appellant
Rambadan Gond has died on 9.6.2025.
3. In view of the above, this appeal is disposed of as abated.
4. Let this order be communicated to the trial Court concerned for
intimation.
5. Trial Court record, if already received, be returned forthwith.
February 25, 2026
Dev
(Mrs. Vani Ranjan Agrawal,J.)
Digitally signed by :-
DEV PRAKASH
High Court of Judicature at Allahabad
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